Public Hearing - February 4, 2014

    


       1      JOINT HEARING BEFORE THE NEW YORK STATE SENATE
              STANDING COMMITTEE ON CRIME VICTIMS, CRIME, AND
       2      CORRECTION; STANDING COMMITTEE ON CIVIL SERVICE AND
              PENSIONS; STANDING COMMITTEE ON INVESTIGATIONS AND
       3      GOVERNMENT OPERATIONS; STANDING COMMITTEE ON CODES
              -----------------------------------------------------
       4
                                 PUBLIC HEARING:
       5
                          EXAMINING POLICE SAFETY AND
       6               PUBLIC PROTECTION IN NEW YORK CITY

       7      -----------------------------------------------------

       8                       Senate Hearing Room
                               250 Broadway - 19th Floor
       9                       New York, New York 10007-2375

      10                       February 4, 2014
                               12:00 p.m. to 7:00 p.m.
      11

      12      PRESIDING:

      13         Senator Patrick M. Gallivan
                 Chairman, NYS Senate Standing Committee on
      14         Crime Victims, Crime, and Corrections

      15         Senator Martin J. Golden
                 Chairman, NYS Senate Standing Committee on
      16         Civil Service and Pensions

      17         Senator Carl L. Marcellino
                 Chairman, NYS Senate Standing Committee on
      18         Investigations and Government Operations

      19         Senator Michael J. Nozzolio
                 Chairman, NYS Senate Standing Committee on Codes
      20

      21      PRESENT:

      22         Senator Leroy Comrie

      23         Senator Thomas Croci

      24         Senator Ruben Diaz

      25         Senator Ruth Hassell-Thompson







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       1
              PRESENT (continued):
       2
                 Senator Andrew Lanza
       3
                 Senator Bill Perkins
       4
                 Senator James Sanders
       5
                 Senator Daniel Squadron
       6

       7                            ---oOo---

       8

       9      SPEAKERS:                              PAGE   QUESTIONS

      10      William J. Bratton                        6       28
              Commissioner
      11      James O'Neill
              Chief of Police
      12      Benjamin Tucker
              First Deputy Commissioner
      13      New York City Police Department

      14      Patrick J. Lynch                        124      141
              President
      15      Patrolmen's Benevolent Association
                   of New York City
      16
              Edward Mullins                          214      221
      17      President
              Sergeants Benevolent Association
      18
              Daniel M. Donovan, Jr.                  240      247
      19      District Attorney
              Richmond County, NY
      20
              Paul E. O'Connell                       265      289
      21      Professor
              Iona College
      22
              Eugene O'Donnell                        265      289
      23      Lecturer
              John Jay College of Criminal Justice
      24

      25







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       1
              SPEAKERS (continued):                  PAGE   QUESTIONS
       2
              Dr. Michael Jenkins                     265      289
       3      Assistant Professor
              University of Scranton
       4
              Stephen J. Cassidy                      317      322
       5      President
              Uniformed Firefighters' Association
       6
              Israel Miranda                          326      330
       7      President
              Uniformed EMTs, Paramedics & Fire
       8           Inspectors, FDNY - Local 2507

       9      Michael Palladino                       333      345
              President
      10      The Detective's Endowment Association

      11                            ---oOo---

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25







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       1             SENATOR NOZZOLIO:  Good afternoon.

       2             I would like to call this joint legislative

       3      committee of the New York State Senate to order.

       4             I am Senator Mike Nozzolio, Chairman of the

       5      New York State Senate Committee on Codes.

       6             I'm very honored to be part of a

       7      distinguished panel of legislators who are

       8      experienced in law-enforcement matters, and are

       9      engaging in a statewide inquiry to examine the --

      10      every aspect of the criminal justice system.

      11             That I -- as Chairman of the Codes Committee,

      12      as former chairman of the Crime Victims, Crime, and

      13      Corrections Committee, I am seated between two of

      14      those individuals who have had in the Senate -- a

      15      career prior to the Senate in law enforcement.

      16             To my right is Senator Martin Golden, who has

      17      served in the New York City Council, and also, with

      18      great distinction, as a New York State Senator.

      19             His first career, though, is as a

      20      New York State police -- New York City police

      21      officer.

      22             And, Senator Golden, thank you for your

      23      participation, and for your service to the public in

      24      all those capacities.

      25             SENATOR GOLDEN:  Thank you.







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       1             SENATOR NOZZOLIO:  To my left is

       2      Senator Pat Gallivan.

       3             Senator Gallivan is Chairman of the

       4      Crime Victims, Crime, and Corrections Committee of

       5      the State Senate.

       6             Before that, he was a member of the

       7      New York State Board of Parole; a commissioner on

       8      that board.

       9             Also, prior to that, lengthy service in

      10      law enforcement directly; first as a New York State

      11      police officer, part of the New York State Police

      12      force, who mustered out as a captain.

      13             And after that, following, became the elected

      14      sheriff of Erie County.  Served with great

      15      distinction in that capacity, the second-largest

      16      county outside of the city of New York.

      17             Also during his tenure, was a graduate of the

      18      FBI National Executive Institute.

      19             To my far left is Senator Carl Marcellino.

      20             Senator Marcellino is -- served over

      21      two decades in the State Senate.

      22             He is head of the Senate Committee on

      23      Investigations.  That is the Senate committee with

      24      subpoena power and authority.

      25             And as a part of this important inquiry,







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       1      Senator Marcellino is a very active participant.

       2             With that, we're honored today to have a

       3      number of law-enforcement experts.

       4             First and foremost, the Commissioner of the

       5      New York City Police Department, that we're very

       6      honored and pleased that William Bratton is

       7      testifying today and helping to elucidate very

       8      important issues that this Committee and the

       9      State Legislator will be addressing in the very near

      10      future.

      11             We also have two district attorneys from the

      12      city of New York who will be testifying.

      13             We have the head of the police union,

      14      Pat Lynch, who will be testifying.

      15             But we ask the Commissioner, if he would be

      16      so kind to step forward, and thank him for his -- in

      17      advance, for his generous time and effort to help us

      18      in this inquiry.

      19             Good afternoon, Commissioner.

      20             COMM. WILLIAM J. BRATTON:  Good afternoon.

      21             I'm going to be joined, if you don't mind, by

      22      my first deputy commissioner, Ben Tucker, as well as

      23      chief of the department, Jim O'Neill.

      24             I've also brought with me additional

      25      executive-staff personnel that would be in a







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       1      position to answer in more specific detail some of

       2      the anticipated questions that you might have.

       3             So, first off, we thank you very much for the

       4      opportunity to speak to you on these very important

       5      matters.

       6             I have a brief prepared statement, if I may,

       7      that I might read to you, that you've been provided

       8      copies of that statement.

       9             And, I thank you for, again, the opportunity.

      10             First, let me express the thanks of the men

      11      and women of the NYPD and the people of

      12      New York City for the unwavering support that the

      13      State Senate has given us throughout the years,

      14      through good times and in bad.

      15             New York City, with regard to crime control,

      16      we have just finished another banner year.

      17             Crime was down 4.5 percent from 2013.

      18             Murders, burglaries, and robberies saw lower

      19      numbers than in generations.

      20             Since 1993, there's been a staggering

      21      75 percent drop in major felony crime in

      22      New York City.  This represents hundreds of

      23      thousands of people who do not become the victims of

      24      crime.  It also represents similar numbers of people

      25      who were saved from committing crimes and suffering







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       1      the consequences of acts that are often rash or

       2      intemperate.

       3             I might point out that this was also a

       4      significant driving factor in the reduction of the

       5      state prison population which is significantly fed

       6      from the city crime situation.

       7             Yet despite this achievement, there are many

       8      who question the role of the police and the fairness

       9      of our criminal justice system.

      10             American policing is going through a

      11      difficult time right now.  I think we're all aware

      12      of that.

      13             It's a time of great challenge, but also

      14      great opportunity; the opportunity to reevaluate the

      15      fundamental manner in which we do our work.

      16             The national dialogue about a great divide

      17      between the police and the community has been

      18      heartfelt and passionate, and has led police

      19      departments across the country to recognize, and

      20      some of those we serve feel as if they're

      21      underserved.

      22             But the dialogue has contained significant

      23      misconceptions also, because, in many ways, our

      24      public approval is quite good.

      25             A recent Siena poll showed that 75 percent of







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       1      New York City residents had a favorable view of

       2      their local police department: us, the NYPD.

       3             We've done a lot to foster that.

       4             Our community affairs bureau is tremendously

       5      active with outreach in nearly every neighborhood

       6      and group in the city.

       7             And at the beginning of my administration,

       8      I also created the "deputy commissioner for

       9      collaborative policing" position, to prioritize

      10      providing services to underserved populations, such

      11      as at-risk youth and the homeless.

      12             And we also have the 35,000 dedicated men and

      13      women of the department who have committed each day

      14      to protecting and serving.

      15             Nevertheless, public approval is not uniform

      16      across the city.

      17             Crime is down throughout the city, but in

      18      some places it's down less than others.

      19             In those neighborhoods where citizens need us

      20      most, our approval rating, according to our own

      21      polling, is much lower than the 72 percent.

      22             Part of this stems from the fact that both

      23      sides of the equation, the police and the community,

      24      oftentimes don't see each other.  Both sides see

      25      only what the other represents instead of who the







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       1      other is.

       2             If they could, each would learn that each is

       3      the other.

       4             If you remember what Sir Robert Peel, who

       5      I often reference, described nearly 200 years ago:

       6      The police are the public and the public are the

       7      police.

       8             The national dialogue has led to a new focus

       9      on an old maxim, another of Sir Robert Peel's

      10      principles, which says:  That the ability of the

      11      police to do their job is dependent upon public

      12      approval.

      13             Here in New York City it's inarguable that

      14      the police have helped to make the city and its

      15      people safer, but safety without public approval,

      16      ultimately, is not public safety.

      17             There's also another major concern among

      18      American police, my colleagues, the police chiefs in

      19      America.  It is a sense that they are not supported

      20      by those they serve, and that both their livelihoods

      21      and their lives are at risk.

      22             In December, in Brooklyn, we saw a nightmare

      23      become real when two of our officers, Detective Liu,

      24      Detective Ramos, were assassinated without warning

      25      or provocation.







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       1             The threat of being targeted has always been

       2      a reality for the officers, but the assassinations

       3      of Detectives Liu and Ramos have brought it to the

       4      fore.

       5             As a department, we still feel their loss, we

       6      still grieve with their families, even as we remain

       7      true to their memories and move forward to do our

       8      duty.

       9             As we do our duty, the opportunity to improve

      10      police-community relations, and the chance to make

      11      our citizens and our officers safer as we do so, has

      12      never been so close to our grasp.

      13             The greater the sense of partnership and

      14      trust between the police and the community, the

      15      better the police and the people can work together

      16      to prevent crime and disorder.

      17             In making the city safe in this way, the

      18      police make themselves safer too, because, after

      19      all, the police are the public and the public are

      20      the police.

      21             This is the definition of "public safety."

      22             So I would like to describe for you some of

      23      the things the NYPD is doing already to address the

      24      challenges we face; both the external issues with

      25      community relations and the internal concerns about







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       1      officers' support and safety.

       2             We've begun several initiatives to improve

       3      community relations and assist officers in doing

       4      their jobs more safely.

       5             One of the foremost is an unprecedented

       6      three-day in-service training course.

       7             We are starting with the 20,000 police

       8      officers and supervisors who routinely serve on

       9      patrol, and we call the program the "20K training."

      10             This will be the beginning of an

      11      institutionalization of three additional training

      12      each year for our personnel, in addition to the

      13      two days of firearms training that they have

      14      historically received for many years.

      15             The remaining 15,000 officers out of our

      16      35,000 will also receive this instruction as part of

      17      the new annual in-service training program.  And, of

      18      course, it has been incorporated into the recruit

      19      training for our oncoming police officers.

      20             The training includes a highly-praised

      21      workshop called "Blue Courage."  It is nationally

      22      recognized and taught in law-enforcement agencies

      23      across the country.

      24             The workshop is designed to instill the

      25      leadership, cultural sensitivity, and personnel







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       1      values essential to policing our diverse and

       2      democratic society, but the main focus of this

       3      training is engagement.

       4             The 20K training instructs officers on

       5      effectively and safely engaging suspects verbally,

       6      and, if necessary, physically.  It helps officers

       7      take suspects into custody safely by using various

       8      escalating levels of force.

       9             I would point out that, the NYPD, we are

      10      quite proud of this, that our officers have one of

      11      the lowest use-of-force rates in America, both in

      12      terms of firearms, but also in effecting arrests.

      13      It's something we're very proud of, that the

      14      training that they've already received is being used

      15      effectively.

      16             So in addition to Blue Courage, the three-day

      17      course emphasizes two core priorities.

      18             First, how to talk to a person who is

      19      initially uncooperative, with the goal of avoiding a

      20      physical confrontation;

      21             And, second, how to physically restrain a

      22      suspect who continues to resist arrest without harm

      23      to that individual or the officer.

      24             We believe this training gives officers

      25      additional tools for communicating with the people







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       1      they serve.

       2             We are constantly, as a department, a

       3      professional agency, watching to see who might be

       4      doing something better than we currently do, so we

       5      are attempting to ensure that we stay abreast of

       6      modern and changing systems that might be of benefit

       7      to us and to our officers' safety.

       8             I believe that this will help address both

       9      our internal and external challenges by

      10      reinvigorating officer pride and by promoting

      11      effective collaboration with the community.

      12             Technology also offers a way to make both the

      13      community and our cops safer; and to that end, with

      14      the significant help of Manhattan District Attorney

      15      Cy Vance, and our mayor, Bill de Blasio, we are

      16      making a $160 million investment, asset-forfeiture

      17      funds, in making the NYPD, this year, the most

      18      technologically-advanced department in the nation.

      19             Our information-technology bureau --

      20      Jessie Tisch, our deputy commissioner, is here with

      21      me -- will soon begin distributing a smartphone to

      22      nearly every cop and a tablet to nearly every car.

      23             Here, too, as with our training, we'll start

      24      with patrol officers and patrol vehicles.

      25             The smartphones will contain mobile apps,







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       1      giving officers in the field a wealth of information

       2      they can currently only access from their desktop

       3      computers.

       4             The tablets will ultimately replace the

       5      mobile digital terminals currently mounted in most

       6      patrol vehicles.  Like the smartphones, these

       7      tablets will contain mobile versions of many NYPD

       8      applications currently only available at the

       9      precinct station house.

      10             Unlike [unintelligible] computers, they have

      11      the advantage of being removable from the patrol

      12      car.  Officers can bring them along as they respond

      13      to calls for service, and eventually be able to use

      14      them to complete necessary paperwork.

      15             Between the smartphones and the tablets,

      16      officers in the field will be able to access vital

      17      information about the situations and people they may

      18      encounter no matter where the officers are; a truly

      19      lifesaving development in our profession.  But,

      20      also, it will allow us to keep our officers in the

      21      field rather than having to return to the precinct

      22      station house as they so frequently now have to do.

      23             We also routinely keep our officers informed

      24      of threats to police officers, whether from

      25      terrorist sources or otherwise, through advisory







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       1      messages distributed currently to the precincts.

       2             Those messages are then related at roll

       3      calls, or, as necessary, to each daily tour of duty,

       4      or, sometimes, on radio transmissions.

       5             Soon, with the mobile digital platform,

       6      distributing advisories and intelligences briefs to

       7      officers in the field will be instantaneous and

       8      ubiquitous.

       9             Beyond the field, all of the department's

      10      computers are being upgraded or replaced if their

      11      useful life has ended.

      12             Currently, some forms are still required to

      13      be typed, so we still do have typewriters, a few.

      14      But the vast majority of the department forms are

      15      now digitized.

      16             As of December 2014, over 10,000 desktops

      17      have been upgraded or replaced, representing

      18      approximately 50 percent of the department's supply.

      19             We expect to complete the process of total

      20      refurbishing and replacement by December 2015.

      21             To go with these mobile devices, new

      22      desktops, every police officer will be getting an

      23      e-mail address, finally, in the twenty-first

      24      century.

      25             Our information-technology bureau has tested







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       1      a new cloud-based e-mail system.  The first

       2      [unintelligible] of department-wide e-mail began

       3      this past Monday.

       4             I truly believe that the new mobile digital

       5      technology will change our department and

       6      significantly improve the safety of our personnel.

       7             There's another technology that also promises

       8      to change how we police, how we work with the

       9      public, and how we work with the courts.

      10             Body-worn cameras will permanently alter how

      11      credibility is weighed in the criminal justice

      12      process.

      13             They will enable the full account of an

      14      instance to be recorded and reviewed, rather than

      15      the out-of-context videos we sometimes see on the

      16      Internet or the nightly news, and, they may minimize

      17      the conflict of unreconciled testimony.

      18             But, body-worn cameras result in many

      19      complicated questions, both technological and

      20      otherwise.  They are not a panacea that they are

      21      oftentimes represented to be.

      22             We are examining issues like storage

      23      capacity, guidelines when the cameras are turned on,

      24      how long the data is stored, chain-of-custody

      25      issues, whether the images would be available under







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       1      the Freedom of Information Law (FOIL), and, of

       2      course, cost.  That, for a department the size of

       3      the NYPD, it could potentially run into the hundreds

       4      of millions of dollars each year.

       5             In collaboration with other agencies that

       6      already use this technologies, we are working to

       7      resolve these issues, and are looking forward to the

       8      benefits that the technology will provide.

       9             Based on those agencies' experience, we

      10      expect we will significantly reduce the number of

      11      false claims about police encounters, whether such

      12      claims come from the citizen or from the officer.

      13             We also think it will improve how the

      14      community appreciates our role.

      15             At the same time, we believe it will ensure

      16      that our officers act responsibly and appropriately,

      17      which will ensure and further improve the

      18      community's confidence in police legitimacy.

      19             The department has just completed the first

      20      month of the body-worn-camera pilot program.

      21             Currently, 54 officers are wearing the

      22      devices in a number of our precincts, and we are

      23      looking forward to commencing a wider rollout.

      24             While body cameras may help officers keep

      25      safe from -- keep them safe from false allegations,







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       1      a crucial item for their physical safety is the

       2      bullet-resistant vest.

       3             Contrary to what you may have heard, our

       4      vests are not past their replacement cycles.  Vests

       5      do have a five-year warranty period from the

       6      manufacturer, but similar to other pieces of

       7      equipment, warranty periods do not determine an

       8      item's life cycle.

       9             The life cycle for a vest is significantly

      10      longer than the warranty period, assuming proper

      11      maintenance, care, design, and manufacturing,

      12      something that the department assiduously adheres to

      13      currently.

      14             There are approximately 22,000 members of the

      15      department whose vests are over 5 years old.

      16             Even though all of the vests are currently

      17      within our standards, the Mayor and the City Council

      18      have indicated, and will be allocating shortly, an

      19      additional $7.3 million in this year's budget to

      20      replace all vests that are out of warranty within

      21      this calendar year.  The money will also facilitate

      22      the creation of a replacement cycle.

      23             We are grateful for this commitment to the

      24      safety and continued support of our officers; in

      25      that, that we will be in a position within a year







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       1      that, within the expiration of the warranty, we will

       2      be able to replace the vests.

       3             I have an example of the new vests that we

       4      are moving toward.

       5                  [Holds up a vest.]

       6             They are lightweight.  They have detachable

       7      additional panels.

       8             The vests, all custom designed.  Each officer

       9      is custom-fitted for the vest.

      10             So as you might appreciate, to do the initial

      11      22,000 officers, including about 6,000 officers who

      12      have a vest that does not have a side panel, that's

      13      of great concern to us.  So those 6,000 officers

      14      will be the first to be fitted and given the new

      15      vests.

      16             But the idea is, that we will be in a

      17      position to replace all of them with the newer,

      18      lighter-weight vests, but it cannot happen

      19      instantaneously.

      20             They are manufactured after they are fitted.

      21      And talking with the various manufacturers, it will

      22      take us almost a full year to fully outfit the

      23      department with these new vests.

      24             SENATOR NOZZOLIO:  Is every line officer,

      25      Commissioner, in possession of a vest?







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       1             COMM. WILLIAM J. BRATTON:  All 35,000 of our

       2      uniformed officers are.

       3             We also have additional heavyweight vests,

       4      tactical vests, for our emergency-service personnel

       5      and other officers who may have to go into

       6      active-shooter-type situations, for example.

       7             So, again, we are very grateful to the

       8      City Council and to the Mayor for the quick

       9      turnaround on this item when it was raised by our

      10      unions recently.

      11             Now that we have discussed some of the ways

      12      in which the City and police department are working

      13      to enhance police safety and public protection, we

      14      would like to discuss some of the ways that our

      15      elected officials, yourselves, might be able to help

      16      in this effort, and I thank you for your attention

      17      to this.

      18             First, there's a proposal currently being

      19      discussed that would require police vehicles to be

      20      retrofitted with bulletproof glass.

      21             While we appreciate the concern for officer

      22      safety that has inspired this proposal, we do not

      23      believe that it would be prudent or workable to do

      24      so.

      25             It would cost [unintelligible], we







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       1      understand, approximately $50,000 per vehicle to

       2      retrofit with bulletproof glass.  With approximately

       3      8300 vehicles in our fleet, 2800 of which are

       4      marked, costs, as you might appreciate, are of

       5      significant concern.

       6             Two additional significant concerns are that

       7      the bulletproof window would only be able to be

       8      opened a few inches, and the glass would not be in

       9      compliance with the current highway safety

      10      standards.

      11             A police vehicle must have breakable,

      12      crash-tested glass which is actually safer for the

      13      officers.

      14             Bulletproof glass is not crash-tested, and an

      15      officer trapped in a vehicle would not be able to

      16      get out by breaking the vehicle.

      17             Reality is, also, our officers are in and out

      18      of those vehicles.  They're out of vehicles more

      19      than they're in.

      20             When they're in the vehicles, oftentimes,

      21      they have the windows are down so they can hear

      22      what's going on around them as they interact and

      23      engage with citizens.

      24             So, while it's a -- what would appear to be

      25      an excellent idea, cost-wise it's not feasible.







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       1      But, also, day-to-day police work would just not

       2      warrant its practicality.

       3             And, so, we would respectfully discourage

       4      moving too far along in that direction.

       5             Alternatively, if State funding were made

       6      available, it might be worthwhile to explore

       7      installing ballistic panels inside vehicle doors to

       8      provide an additional measure of protection.

       9             My seven years with the LAPD, every marked

      10      LAPD vehicle have these ballistic panels, so that

      11      when officers do traffic stops, they can open the

      12      door, and, from the waist, down, they have that

      13      additional protection available to them, and it has

      14      frequently helped.

      15             There's also the ability to also put

      16      ballistic panels on the dashboard of a vehicle to

      17      help if a round is coming through the windshield of

      18      the vehicle.

      19             We've also discussed the possibility of

      20      retrofitting the vehicles with air-cooled seats,

      21      somewhat easing the discomfort of officers wearing

      22      bullet-resistant vests which can be become

      23      uncomfortably hot as one sits in the car.

      24             I recently had a vehicle, before coming back

      25      into the public sector, that had those type seats,







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       1      and they are really quite an enhancement.

       2             We would further be pleased -- we would be

       3      pleased to discuss these alternatives further.

       4             Second, there are many gaps in the law which

       5      need closing, and many opportunities for new

       6      legislation that would help protect law enforcement,

       7      many of these you're already aware of.

       8             Our primary goal is not punishing offenders,

       9      but deferring dangerous and problematic conduct.  We

      10      are really focused on the prevention aspect of it.

      11             We would like to offer a few thoughts for

      12      your consideration, and then I will close for your

      13      questions.

      14             This is by no means comprehensive, but it

      15      does provide several ideas we believe deserve

      16      further attention.

      17             We recommend increasing penalties related to

      18      violence and threats against our law-enforcement

      19      officers.

      20             For example, it's a Class C felony to cause

      21      serious physical injury to a police or peace officer

      22      with the intent to prevent the officer from

      23      performing a lawful duty, but there is no higher

      24      penalty if the officer dies.

      25             We believe that, in such a case, the crime







                                                                   25
       1      should be Class B felony.

       2             We also recommend that assault against a

       3      school safety agent or an auxillary police officer

       4      should be upgraded from a misdemeanor currently, to

       5      a felony, as has been done for other public

       6      servants, such as traffic-enforcement agents, train

       7      conductors, and social workers.

       8             Regarding the unlawful wearing of a

       9      bullet-resistant vest, it is currently an E felony,

      10      but only if the offender wears the vest while

      11      committing a violent felony offense and being armed

      12      with a firearm.

      13             We believe this prohibition should apply

      14      under other circumstances as well, where the

      15      offender has had a prior conviction for a violent

      16      E felony offense, or, where the offender possesses a

      17      deadly weapon, ammunition, or imitation firearm, or,

      18      where the offender is committing any degree of

      19      assault or reckless endangerment with a dangerous

      20      instrument.

      21             With respect to general issues of officer

      22      safety, we have four specific proposals.

      23             We recommend making it a Class A misdemeanor

      24      to disclose personal identifying information about a

      25      police officer or a peace officer for no legitimate







                                                                   26
       1      purpose, knowing that such conduct may cause

       2      reasonable fear or material harm.  This would

       3      address the posting of officers' home addresses and

       4      details about their lives on the Internet as a

       5      threatening or harassing tactic.

       6             We also recommend making the identity of an

       7      undercover officer confidential, under the

       8      Civil Rights Law, in creating a presumption that

       9      disclosure of an undercover officer's identify would

      10      endanger the officer or compromise the officer's

      11      effectiveness.

      12             This would protect the under cops --

      13      undercover officer's identify, and ensure that the

      14      officer would be able to testify under his or her

      15      shield number rather than having to provide his or

      16      her name.

      17             One of the most dangerous aspects of

      18      conducting a car stop occurs when an officer cannot

      19      see inside the vehicle because of blacked-out

      20      windows.  This is a particular pet peeve of mine.

      21             We propose that the law prohibit the

      22      installation of window-tinting on vehicles exceeding

      23      lawful limits, with a further requirement that

      24      measurement of window-tinting be made part of the

      25      annual vehicle inspection.







                                                                   27
       1             I know there's concerns about, the inspection

       2      stations, presenting another burden on them, but

       3      from an officer-safety standpoint, the millions of

       4      car stops that are conducted by the thousands of

       5      officers in this city and this state, we owe them an

       6      additional level of security as they approach these

       7      vehicles.  It increases their danger, increases

       8      their fear, significantly when they cannot see into

       9      that vehicle.

      10             Also relating to vehicles, we recommend that

      11      the law be changed to eliminate the monetary

      12      threshold, currently $250, for a felony charge of

      13      criminal mischief when the vehicle damage is an

      14      emergency vehicle.  Any intentional damage done to

      15      an emergency vehicle should receive a serious

      16      penalty, notwithstanding the cost of repairs.

      17             And our last legislative proposal is a

      18      suggestion to protect not only law enforcement, but

      19      the general public.

      20             We recommend enacting a law specifically

      21      protecting the confidentiality of information

      22      relating to the security or protection of critical

      23      infrastructure.

      24             Blueprints and other information about iconic

      25      buildings and critical infrastructure should be







                                                                   28
       1      protected from disclosure.

       2             Beyond these legislative proposals, we have

       3      identified several instances in which additional

       4      funding could help support our officers and enhance

       5      public safety.

       6             As you work through the budget process, we

       7      would appreciate you considering these initiatives.

       8             We are -- in the interest of time, I have

       9      additional testimony, but it has been provided to

      10      you in written form, and so I will close my remarks

      11      prior to reading the full content, and in the

      12      interest of allowing you to get to the questions I'm

      13      sure that you would seek to ask.

      14             Thank you so much for the opportunity to

      15      present before you this morning.

      16             SENATOR NOZZOLIO:  Thank you for this

      17      outline, Commissioner.

      18             Senator Golden.

      19             SENATOR GOLDEN:  Thank you, Commissioner, and

      20      thank you my colleagues, for being here today, and

      21      all in attendance in this room today.

      22             This is going to be more of a dialogue

      23      between us and you, and how we can effectively help

      24      to move our departments here in the city and across

      25      the state, and give them opportunities, whether it







                                                                   29
       1      be on equipment, whether it be manpower, whether it

       2      be morale, whether it be some of the issues that

       3      have been pointed out in the different cases across

       4      the country where we have a divide within our city,

       5      or a perception of a divide within our city.

       6             Within the New York City Police Department

       7      itself, where we have an inspector general, we have

       8      internal affairs, department of investigations.

       9             And now we understand the opportunities in

      10      the Governor's package to put in a moving away from

      11      an area that would cause some, I think, a two-tiered

      12      system here in the state of New York: one for the

      13      cops and one for the bad guys.

      14             But I understand we're moving closer to a

      15      monitor that is being talked about, that would be

      16      another area of oversight on [unintelligible] in the

      17      police department.

      18             COMM. WILLIAM J. BRATTON:  We have a lot of

      19      cooks in the kitchen.

      20             SENATOR GOLDEN:  Pardon me?

      21             COMM. WILLIAM J. BRATTON:  We have a lot of

      22      cooks in the kitchen.

      23             SENATOR GOLDEN:  Yes.

      24             And, how do you build morale?

      25             How does morale continue to build?







                                                                   30
       1             And if we have, the stop-and frisk is down,

       2      we see the racial-profiling bill, we see all of the

       3      cooks in the kitchen, how are we to build that

       4      morale?

       5             And, how are we to build the community, and

       6      bring that divide together?

       7             How are we to do that, Commissioner?

       8             COMM. WILLIAM J. BRATTON:  Morale is always

       9      of importance to our -- any police leaders.

      10      Certainly, it has always been foremost in my mind in

      11      my 40-some-odd-year career.

      12             And, there's no denying that, for a wide

      13      variety of reasons, morale in the department, in

      14      general, is not where we would like it to be.

      15             It does vary, officer to officer, assignment

      16      to assignment, that, the issues of the impending

      17      increased oversight.

      18             The inspector general, who is already on

      19      board, has already begun to start working with us on

      20      policy-and-procedure review; the federal monitor

      21      relative to the "stop, question, and frisk" issues;

      22      some of the increased role of responsibility of

      23      CCRB; my policy, and that of the leadership team of

      24      the department, has been to work collaboratively

      25      with each of these entities, understanding that they







                                                                   31
       1      exist, they're not going away, and better to try to

       2      work with them so that the work that they do ends up

       3      beneficial to the men and women of the department

       4      and to the public we serve.

       5             Those relationships at this time are actually

       6      very good.  We have spent a lot of time over the

       7      last year working with them, giving them access to

       8      the department.  And, I believe that there is the

       9      ability to work with them.

      10             It's a fact of my life.  I cannot change it.

      11             I come to this position with the experience

      12      of the LAPD where I did have an inspector general.

      13      I had a police commission that I reported to.

      14             I also had a federal monitor; the

      15      largest federal monitorship in the history of the

      16      United States for a police agency.

      17             And those seven years ultimately ended up

      18      with significant benefit, although also significant

      19      cost, in terms of dollar cost, for the department.

      20             So we will attempt to work with that

      21      oversight in a way that it builds morale rather than

      22      works against it.

      23             To that end, I think that we are clearly

      24      seeing that, in recent days, that the city

      25      government is conscious of the need to support our







                                                                   32
       1      officers and the risks they put themselves to.

       2             On Friday there was an article in one of the

       3      local papers reporting on a case, in which an

       4      officer who had been attacked by an individual with

       5      a machete, shot the individual.

       6             Our internal investigation showed no

       7      wrongdoing.  If nothing else, exceptional work

       8      performance on the part of the officers involved.

       9             But the City, continuing a policy that had

      10      been in place for many, many years, the City Law

      11      Office, was considering that as a nuisance

      12      complaint, and settled it for $5,000.

      13             I was outraged when I read that article.

      14             The Mayor also what was.

      15             And working together very quickly with the

      16      City attorney, the Mayor changed that policy very

      17      quickly; that there will be the hiring of

      18      20 additional attorneys in the City Corporation

      19      Office, very specifically, to fight every suit

      20      that's levied against a New York City police

      21      officer.

      22             SENATOR GOLDEN:  We think that should have

      23      been done a long time ago, Commissioner.

      24             COMM. WILLIAM J. BRATTON:  It should have

      25      been done 20, 30 years ago.







                                                                   33
       1             SENATOR GOLDEN:  We applaud you on that.

       2             COMM. WILLIAM J. BRATTON:  I addressed this

       3      issue 20 years ago.

       4             SENATOR GOLDEN:  It's cost this city already,

       5      and the State, it's just unbelievable, and it

       6      shouldn't have been to this point.

       7             COMM. WILLIAM J. BRATTON:  I'm using that as

       8      an example, Senator, of, I'm finding that, as we're

       9      going forward, that with the mayor I'm working for,

      10      hopefully, as we start dealing more with the

      11      City Council, as they mature, that we will be able

      12      to address a lot of the issues that are of great

      13      concern to our personnel relative to their

      14      indemnification --

      15             SENATOR GOLDEN:  The morale issue, though,

      16      going back to that for a second, Commissioner, we do

      17      have a problem, because we see a -- and I don't

      18      think it's the morale that's doing it.  I just think

      19      you just see an increase in crime.

      20             And I think the last 28 days on the CompStat

      21      show there's an increase in crime.

      22             Now, if murder is going up, rapes are going

      23      up, robberies are going up, there's a problem.  And

      24      it's not just in the morale, but it's also on our

      25      streets, whether it's the gangs or in our







                                                                   34
       1      communities.

       2             But we have a definite problem.

       3             Maybe you can expand on that a little bit.

       4             COMM. WILLIAM J. BRATTON:  We actually don't

       5      have a crime problem in New York City, I beg to

       6      differ with you, sir.

       7             I know you represent the city, but we don't.

       8             The murder and shooting increase that we

       9      experienced in January, as we're going into

      10      February, that increase is already decreasing; and,

      11      so, the figures that we reported as recently as last

      12      week are already down.

      13             Crime in the city is at historic low levels.

      14      Has the potential to go even further.

      15             So crime is not a significant issue in this

      16      city.  Certain areas of the city it is.

      17             But I think that would be -- to make that

      18      statement, it's a detriment to the hard work of the

      19      men and women of this department over the last

      20      20-some-odd years.

      21             SENATOR GOLDEN:  That wasn't the intent of

      22      it.

      23             COMM. WILLIAM J. BRATTON:  No, I understand

      24      that.  But the --

      25             SENATOR GOLDEN:  The intent of it was, the







                                                                   35
       1      last 28 days, the CompStat has gone up.  Your crime

       2      has gone up, Commissioner.

       3             COMM. WILLIAM J. BRATTON:  You're making a

       4      representation that is not accurate, that this

       5      city --

       6             SENATOR GOLDEN:  Well, we had don't have --

       7      the latest date that I have here is the last

       8      28 days --

       9             COMM. WILLIAM J. BRATTON:  We have it as of

      10      this morning.

      11             SENATOR GOLDEN:  -- 1/25.

      12             So we're going to be back here in March, so

      13      we'll -- hopefully, we want you to be right.  We

      14      don't want you to be wrong.  We don't want the crime

      15      to go up.

      16             COMM. WILLIAM J. BRATTON:  Well, believe me,

      17      on this stuff, I'm always right.

      18             SENATOR GOLDEN:  We want to make sure that

      19      the crime continues to come down.

      20             COMM. WILLIAM J. BRATTON:  And it will.

      21             SENATOR GOLDEN:  And that's why we're

      22      thinking and focusing on these different issues.

      23             And another one is going to be your baby

      24      which was created, and that's the actual, you know,

      25      broken-windows theory.







                                                                   36
       1             The -- I don't know whose office that is, the

       2      IG or the -- is coming out with a report, that was

       3      supposed to come out in December, on the

       4      twenty-first-century broken-window theory.

       5             Is there going to be a change in the

       6      broken-window theory, do you think?  Or is the

       7      broken-window been a tremendous success over the

       8      years?

       9             COMM. WILLIAM J. BRATTON:  The mayor and

      10      I are both strong advocates and supporters of it.

      11             The amount of it that's utilized varies,

      12      neighborhood to neighborhood, time to time,

      13      depending on circumstances.

      14             I think some of the issue is, it's been

      15      confused with the "stop, question, and frisk" issue.

      16             They're two very different areas of the law.

      17             Stop, question, and frisk is reasonable

      18      suspicion.

      19             Quality-of-life, "broken-windows," is

      20      probable cause, where an officer actually sees an

      21      offense being committed and takes a police action;

      22      summons, or arrest for that action.

      23             Stop, question, and frisk is a lesser

      24      evidentiary standard.

      25             So, there are those that were leading the







                                                                   37
       1      charge against stop, question, and frisk, that would

       2      like to co-join it with broken-windows, but they're

       3      two different issues, totally.

       4             And the Mayor has been demonstratively

       5      supportive of continuing that.

       6             And as long as I'm Police Commissioner of the

       7      city of New York, it will be a priority of this

       8      department to enforce broken-windows.

       9             SENATOR GOLDEN:  Stop-and-frisk does work,

      10      and you agree to that.

      11             Stop-and-frisk, when you believe there is

      12      somebody that may endanger and give certain

      13      [unintelligible] or certain signs to a police

      14      officer that this person may be dangerous to him or

      15      to others in the community.

      16             With the dropping in the stop-and-frisk, do

      17      you see a problem with that?

      18             COMM. WILLIAM J. BRATTON:  I do not.

      19             I was one of those that, prior to my

      20      appointment, criticized the level of it.  I felt it

      21      was too high --

      22             SENATOR GOLDEN:  We agree.

      23             COMM. WILLIAM J. BRATTON:  -- for the crime

      24      situation in the city.

      25             I think my predecessor also supported that;







                                                                   38
       1      in that, during his time, Commissioner Kelly,

       2      starting in 2010, from when it peaked at 700,000.

       3             Prior to his leaving last year, the numbers

       4      of stop, question, and frisk had declined by several

       5      hundred thousand already, while crime continued to

       6      go down.

       7             Last year we had fewer than 50,000 stops.

       8             Crime went down once again to historic low

       9      levels.

      10             But interestingly enough, with fewer stops,

      11      the number of summonses and arrests that were being

      12      made increased, the percentage; so that we were

      13      stopping fewer people, but we were more frequently

      14      stopping the right people, as evidenced by the

      15      arrests and summonses we were creating.

      16             SENATOR GOLDEN:  Okay, I want to move over to

      17      one other area, because I want to give opportunity

      18      for my other colleagues here: the protests.

      19             We talked about communities that believe they

      20      might be disturbed as well; and others that believe

      21      that our policy on allowing these protests is to

      22      leave the permanent area and to march through the

      23      streets, without being arrested, without being

      24      stopped.

      25             There is a concern in communities that we







                                                                   39
       1      represent, that this is just going to be a practice

       2      that's going to continue.

       3             Or, are we going to, under -- I understand,

       4      an announcement you made the other day, there's

       5      going to be a new unit established.  There will also

       6      be a separate unit that will deal with the

       7      protesters.

       8             Are we going to have a practice within NYPD

       9      that's going to, you know, keep these people within

      10      their permitted area?

      11             And if they get outside of that permit area,

      12      are they going to be arrested?

      13             And, if they cause injury to civilians and to

      14      police officers after they leave that permanent

      15      area, should we be looking at legislation that would

      16      increase penalties for people that would leave the

      17      permitted area and cause these injuries to

      18      civilians, and shut these businesses down, and shut

      19      down the city of New York?

      20             COMM. WILLIAM J. BRATTON:  I'll ask

      21      Chief O'Neill, chief of the department, that -- who

      22      was out every day during the period of time when the

      23      protests were very active, the various

      24      demonstrations, to speak to you relative to your

      25      question about the policies of the department, and







                                                                   40
       1      how we monitor and deal with demonstrations; the

       2      various demonstrations that are occurring in the

       3      city at any given time.

       4             So, Jim, if I could ask you to speak to that?

       5             POLICE CHIEF JAMES O'NEILL:  Sure.

       6             SENATOR GOLDEN:  Thank you, Commissioner.

       7             POLICE CHIEF JAMES O'NEILL:  Hello, Senator.

       8             SENATOR GOLDEN:  Chief.

       9             POLICE CHIEF JAMES O'NEILL:  I was intimately

      10      involved in the process from November 24th, forward,

      11      and the policy we had was, we did use restraint.

      12             It was our opinion that these protests were a

      13      little bit different.

      14             I have handled many protests in the past.

      15             I did the World Economic Forum.  I did the

      16      RNC.  I did some OWS.

      17             But these protests, a lot of it was directed

      18      towards the police department, so we didn't want to

      19      be the flashpoint.

      20             We did show a tremendous amount of restraint.

      21             And we did have tremendous resources that we

      22      put towards these protests every night; upwards of

      23      3,000 police officers on the very busy days.

      24             The idea was, that people have an absolute

      25      right to protest.  And as long as they were not --







                                                                   41
       1      there was no civil disorder, we were going to let

       2      them march.  And then, at the end of the day, they

       3      would dissipate and people went home.

       4             Absent a few -- a few: Staten Island Ferry,

       5      Brooklyn Bridge, and I think at 14th and 8th --

       6      absent a few incidents, I think we did remarkably

       7      well.  And there were no injuries -- very few

       8      injuries to police officers and very few injuries to

       9      the people involved in the process.

      10             SENATOR GOLDEN:  Should we look at

      11      legislation, though, that if they break outside of

      12      that perimeter and they cause physical injury, or

      13      serious physical injury, to a civilian or to a

      14      New York City police officer or other

      15      law-enforcement official, should we look to enhance

      16      penalties?

      17             POLICE CHIEF JAMES O'NEILL:  I think the

      18      penalties that we have with -- when we're dealing

      19      with assaults on police officers are fine, but they

      20      have to be -- the district attorneys have to fully

      21      prosecute them.

      22             SENATOR GOLDEN:  The last question, and then

      23      to my colleague:  What is manpower on the street?

      24             What is the actual number of police officers

      25      in uniform on the streets in the city of New York







                                                                   42
       1      today in any given --

       2             COMM. WILLIAM J. BRATTON:  I'll ask Jim to

       3      give you specifics on that.

       4             There are not enough, being quite frank with

       5      you.

       6             SENATOR GOLDEN:  What is enough?

       7             I remember when you were the commissioner, we

       8      had forty-something-thousand police officers, and

       9      that's not including rank.

      10             COMM. WILLIAM J. BRATTON:  Something that's

      11      not widely known or appreciated, that, right after

      12      9/11, that the department was at a record high:

      13      41,000.

      14             When I was commissioner back in '95, we had

      15      38,310.  That was a direct result of Mayor Dinkins'

      16      Safe-Streets Initiative.

      17             I'm currently looking at a workforce of under

      18      35,000.

      19             So something not widely recognized, was the

      20      department declined by over 6,000 officers over the

      21      last 12 years, even as 911 calls increased by a

      22      million, even as the new threats of terrorism

      23      exploded after 9/11.

      24             We now have over a thousand officers.  And

      25      I'm about to put 350 more into







                                                                   43
       1      counterterrorism-specific issues.

       2             311 was not in existence prior to 9/11.  That

       3      generates a significant number of calls for the

       4      department.

       5             So we are in discussions that -- as we always

       6      are, with the political leadership of the city, the

       7      Mayor and the City Council, as to what a more

       8      appropriate staffing figure might be.

       9             Chief O'Neill has been working, along with

      10      his people, on a very fine-tuned CAT scan, if you

      11      will, of the department.

      12             We've already begun summary organization to

      13      maximize people we already have.

      14             Before I go hat in hand looking for more,

      15      I need to be in a position to justify what I'm doing

      16      with what I already have.  And I think we are in

      17      that position.

      18             But, again, these are always ongoing

      19      discussions, and concerns with budget.

      20             And at the same time, with the workforce we

      21      have, as we clearly saw last year, that we were able

      22      to continue the 21-year trend of reducing crime

      23      every year in the city.  And we fully expect that

      24      will occur again this year with what we have.

      25             SENATOR GOLDEN:  So how many men do we have







                                                                   44
       1      on the street on a given day?

       2             COMM. WILLIAM J. BRATTON:  Jim, if you could

       3      speak to that, please?

       4             POLICE CHIEF JAMES O'NEILL:  At any one time,

       5      on any one tour, it's approximately 400 cars out.

       6             We have 77 precincts, and each precinct turns

       7      out, roughly, between 5 or 6 cars.

       8             SENATOR GOLDEN:  If we have a protest, we

       9      pull from those precincts?

      10             How -- what do we do with those --

      11             POLICE CHIEF JAMES O'NEILL:  There are

      12      other -- Senator, as you know, there are other

      13      personnel in the precinct besides the people that

      14      are assigned to sector cars.

      15             So, if we do have a protest, we do pull

      16      people from the precincts, we do pull people from

      17      narco.

      18             SENATOR GOLDEN:  It's important that the

      19      protestors know that they're going to be arrested,

      20      so we don't keep on dragging this manpower into the

      21      city of New York or around the city, and that we get

      22      the ability to police the city in an appropriate

      23      manner.

      24             I think you've done a great job, and you

      25      continue to do a great job, and I applaud you for







                                                                   45
       1      that, Commissioner, and your rank-and-file, but, we

       2      need to get more accomplished.

       3             And I want to thank you for being here today.

       4             I hope I get another chance to go around, but

       5      there's a lot of colleagues here today.

       6             SENATOR NOZZOLIO:  That's the concern that

       7      we've had:  As you have to deploy more and more

       8      people to manage -- or, more officers to manage

       9      protesting, what does that do to dilute the strength

      10      of the police department?

      11             I think that's certainly a concern.

      12             One of the issues that I would like your

      13      opinion on is, currently before, let's say

      14      Legislature, discussions about upping the penalties

      15      for resisting arrest.

      16             It's one aspect of protesting, certainly, to

      17      be arrested as part of the official protest.

      18             Then it's another aspect of resisting arrest.

      19             And, of course, we've had other issues

      20      regarding resisting arrest.

      21             We're considering raising, currently, from a

      22      Class A misdemeanor, to a felony, for resisting

      23      arrest.

      24             What's your opinion of that?

      25             POLICE CHIEF JAMES O'NEILL:  You know,







                                                                   46
       1      anything we can do to prevent our police officers

       2      from being assaulted I would definitely be in favor

       3      of.

       4             We are in a process of doing a study on

       5      people we've locked up for resisting arrest and

       6      assaulting police officers, to see, actually, how

       7      they progress in the court.

       8             SENATOR NOZZOLIO:  It will be interesting to

       9      see how this training that the Commissioner

      10      mentioned, particularly the training for 20K and

      11      other types of other instruction to police officers,

      12      will be effective in encouraging people not to

      13      resist arrest, and, I guess, the issue of the cost.

      14             Commissioner, do you have an idea of the cost

      15      of that additional training?

      16             COMM. WILLIAM J. BRATTON:  The training

      17      budgeted for this year, 2015, calendar 2015, is

      18      approximately $35 million, that will allow for the

      19      training of the approximately 22,000 officers who

      20      routinely work in the field.

      21             Going back to your question about laws

      22      relative to resisting arrest, I'm very supportive of

      23      the idea of increased penalties; that there is no

      24      right to resist arrest.

      25             The Mayor stated that.  I've stated it quite







                                                                   47
       1      clearly.

       2             And, we have many -- too many instances in

       3      which arrests are, in fact, resisted.

       4             In 2014, out of 388,000 arrests, we had 1839

       5      complaints of assaults on police officers, virtually

       6      the same as 2013.

       7             I am going to be meeting with the district

       8      attorneys of -- the five district attorneys,

       9      however, that we're going start CompStat'ing that

      10      particular situation, because, in the vast majority

      11      of these instances, there are no charges filed.  In

      12      some respects, it's a "get-out-of-free-jail card" to

      13      assault an officer.

      14             We need to do a better job on our end, giving

      15      the district attorneys the evidence they need to

      16      help going forward with the prosecution, which we

      17      will attempt to do.

      18             But at the same time, we are hoping that with

      19      that additional support from us, they are able to

      20      move forward on these approximately

      21      2,000 individuals who, each year, assault our

      22      officers.

      23             I'd point out that, in 2014, there were

      24      7,058 instances of force used during arrest.  That's

      25      a 16.5 percent drop from 2013.  That force is







                                                                   48
       1      oftentimes to deal with people who are resisting us.

       2             And, in 2014, there were 2892 officers

       3      injured during arrest, which was also a 15 percent

       4      drop from 2013.

       5             So, we have several things going for us.

       6             The officers are using less force when they

       7      are making arrests.  They are being injured less

       8      frequently.  But we still have too many people that

       9      are resisting arrest, potential of injury to

      10      themselves, as well as our concern of injury to our

      11      officers.

      12             So an enhancement of penalty, and, on our

      13      part, an increased effort to work with our district

      14      attorneys to make better cases to protect our

      15      officers.

      16             SENATOR NOZZOLIO:  Commissioner, the numbers

      17      you cited earlier regarding crime statistics, in

      18      your response to Senator Golden's questions, if you

      19      would be so kind as to share those numbers with the

      20      Committee, and so that they can review.

      21      Senator Marcellino in particular wanted those.

      22             Before turning this over to Senator Gallivan,

      23      I want to thank the additional Senators who have

      24      arrived since your testimony began.

      25             On my far left is Senator Andrew Lanza.  He







                                                                   49
       1      represents Staten Island.  He is Vice Chairman of

       2      the Senate Codes Committee.

       3             Senator Croci is Chair of the

       4      Homeland Security Committees.

       5             Senator Ruth Thompson --

       6      Ruth Hassell-Thompson.

       7             Always nice to see you, Ruth.

       8             And, Senator Diaz.

       9             Question, Senator Gallivan.

      10             SENATOR GALLIVAN:  Thank you, Senator.

      11             Good afternoon, Commissioner.

      12             Thanks for being here, and thanks for the

      13      work that you and, of course, your entire department

      14      does.

      15             The Governor recently had several

      16      "criminal justice reform" proposals that he put out

      17      in his State of the State.

      18             And early on in your testimony, you talked

      19      about, and the phrase I think is a very appropriate

      20      one, is "there are too many cooks in the kitchen."

      21             One of the Governor's proposals, though, adds

      22      another level of review: an independent monitor that

      23      would review all cases where a police officer uses

      24      deadly force against an unarmed person.

      25             And I would like to hear your thoughts about







                                                                   50
       1      that proposal.

       2             COMM. WILLIAM J. BRATTON:  Well, in the case

       3      of the city of New York, we already have, as you've

       4      clearly articulated, a significant level of review.

       5             We have five very highly qualified district

       6      attorneys who, in instances of this matter, are not

       7      shy about investigating.

       8             We have two U.S. attorneys who also, if it

       9      rises to the level of a federal offense, are not shy

      10      about entering into it.

      11             We now have the inspector general who has the

      12      ability to review all of our policies and procedures

      13      in all of these instances.

      14             And, in the case of the federal monitor, that

      15      federal monitor has a pretty wide purview relative

      16      to issues arising out of our "stop, question, and

      17      frisk" practices.

      18             So, what the Governor is appropriating, I'm

      19      not intimate with some the details of the initial

      20      proposal, but, for the case of the city of New York,

      21      that it would seem to me, initially on its face,

      22      that it's another level on top of what I would

      23      describe as already sufficient levels.

      24             I also have a very aggressive and very

      25      skilled internal affairs and disciplinary system







                                                                   51
       1      within the department to handle a lot of these types

       2      of matters.

       3             SENATOR GALLIVAN:  Another proposal of the

       4      Governor's would require a municipal police-training

       5      council to establish a model policy on use of force,

       6      and then mandate that all departments, statewide,

       7      including NYPD, follow their use of force.

       8             Of course, you can impose further

       9      restrictions, according to the Governor's proposal.

      10             Do you have thoughts on that?

      11             COMM. WILLIAM J. BRATTON:  Once again, that

      12      those levels of oversight, each of them has that

      13      responsibility currently.

      14             So what I would worry about is the dueling

      15      recommendations, even with the idea of the provision

      16      that the state one would be the overriding or

      17      compelling one.  The feds may have some issues of

      18      concern with that.

      19             I also think that the idea of, you need to

      20      leave some room for individual discretion at the

      21      local level; that one size does not necessarily fit

      22      all issues of all types of incidents.

      23             SENATOR GALLIVAN:  If we can go back to

      24      broken-windows, I know that you talked about it a

      25      little bit previously, but I'd like to talk about







                                                                   52
       1      it, and look at, in the past, and compare it to now.

       2             So if we can go back in time to your first

       3      tenure as commissioner.

       4             Of course, we all know the problems that

       5      New York City faces related to high levels of crime:

       6      people afraid to come here, people to walk across

       7      the street, the "squeegee men," and all of those

       8      different things.

       9             So can you just talk about what the theory

      10      is.  Go a little bit further than you did before.

      11             Talk about what that was, and how you came to

      12      implement it in your first tenure 20 years ago.

      13             COMM. WILLIAM J. BRATTON:  The theory is

      14      pretty simple.

      15             It's, oftentimes, we use the idea of a weed

      16      in a garden.

      17             You have a beautiful garden.  If you neglect

      18      to pull the weeds, eventually the weeds will kill

      19      even the strongest tree.

      20             I would describe New York City as the perfect

      21      example of that.

      22             In the '70s and '80s, that, as the city

      23      went through numerous fiscal crises, social-policy

      24      changes; in the '70s and '80s, reductions --

      25      significant reductions in the size of the police







                                                                   53
       1      force.

       2             For a period of time in the 1970s, the size

       3      of this police force was 19,000 officers.

       4             I don't know how Bob McGuire, the police

       5      commissioner at that time, managed to deal with the

       6      craziness that was going on in that city at this

       7      time.

       8             But just take one example: the subway car.

       9             6,000 subway cars in the system.

      10             Starting back in the late '60s, 1970s,

      11      somebody made the decision they were no longer going

      12      to deal with graffiti.  And by the end of the

      13      decade, every one of those 6,000 cars was totally

      14      covered, inside and out.

      15             Didn't make the passengers feel too safe or

      16      secure, the idea that nobody was protecting against

      17      that graffiti.

      18             Bob Kiley, when he became head of the MTA, he

      19      and Ben -- Mr. Gunn, head of the transit authority,

      20      made it a very visible effort to get rid of that

      21      graffiti, and succeeded.

      22             And to this day, you will almost never see

      23      graffiti on our subway cars.

      24             If you do, by the time the train gets to the

      25      end of the line, it's pulled out of service so it's







                                                                   54
       1      cleaned.

       2             They even went so far in the 1980s of having

       3      a 10-car train that was painted totally white as an

       4      example that you could, in fact, do that.

       5             I can remember the sanitation trucks in the

       6      city in 1990, many of them which are painted white.

       7      You wouldn't know it because they were totally

       8      covered with graffiti.

       9             So even the city entity responsible for

      10      cleanliness had succumbed to broken-windows;

      11      neglect.

      12             And the one I dealt most effectively with, as

      13      an example, fare evasion.

      14             250,000 people in 1990 not paying the fare.

      15             A buck fifteen, theft of service, who cares?

      16      Why bother with it?

      17             Well, that was $80 million of tax revenue

      18      lost to a desperately-starved-for-funding transit

      19      system, that could be used for station improvement

      20      or equipment purchase.

      21             But just the sense that that gave, that

      22      nobody's in charge, nobody cares.

      23             And the idea, technically, it's a victimless

      24      crime?  A buck fifteen, theft of service --

      25             I remember when the fare was a buck fifteen.







                                                                   55
       1      Now it's a lot higher.

       2             -- who's the victim?

       3             Well, it's the authorities, so who cares?

       4             Well, the problem is, the community ends up

       5      the victim.

       6             So that's why I'm such a strong proponent of

       7      it.

       8             And something that needs to be understood, is

       9      the vast majority of the broken-windows policing

      10      that we do in this city, that I did in Los Angeles

      11      or Boston, is we are responding to calls for

      12      service; somebody who calls, "A group of kids

      13      hanging in my hallway, smoking dope," "There's a guy

      14      urinating in my front doorstep," "There's a

      15      prostitute working on my corner every night."

      16             When you look at our 911 workload, and you

      17      look at the calls for service, the significant

      18      majority of them are quality-of-life incidents.

      19             And if we don't take care of it, the police,

      20      who's going to take care of it?

      21             So we go where people ask us to go.  We

      22      address the issues they ask us to address.

      23             And, ironically, where do we get the bulk of

      24      our quality-of-life calls?

      25             In the poor minority communities that,







                                                                   56
       1      unfortunately, are afflicted most frequently by

       2      those broken-window types of crimes and offenses.

       3             SENATOR GALLIVAN:  Is the application of that

       4      theory the same now, 20 years later, or are there

       5      things different about it now?

       6             COMM. WILLIAM J. BRATTON:  Well, if you're --

       7             SENATOR GALLIVAN:  I'm sorry.

       8             As practiced by the department.

       9             COMM. WILLIAM J. BRATTON:  -- if you're

      10      successful at it, there's less need to do it.

      11             For example, we no longer have 250,000 fare

      12      evaders every day.

      13             Actually, the transit authority stopped

      14      counting the number of fare evaders because it cost

      15      more to count them, because they became so few.

      16             So that, today, you may see fare evasion in

      17      the subway system, but not like lemmings rushing to

      18      the sea, as we saw in the early 1990s.

      19             So that the level ebbs and flows; that,

      20      depending on the complaints we receive or the

      21      conditions we're addressing.

      22             The squeegee pests, for example, when we went

      23      after them in the 1990s, it took us all of about

      24      2 days to get rid of them.  There were about 90 of

      25      them, and there were 38,000 of us, so the odds were







                                                                   57
       1      in our favor.

       2             You might occasionally see one on the front

       3      page of the "New York Post" that pops up from here

       4      to there.  But, basically, as fast as they pop up,

       5      we're able to get rid of them; and, so, you don't

       6      see a tolerance for them that, eventually, they're

       7      all over the place once again.

       8             SENATOR GALLIVAN:  So you'd agree, I believe,

       9      and correct me if I'm wrong on that, that, if not

      10      the police, who?

      11             So it becomes necessary to respond to the

      12      quality-of-life issues; whether it is the squeegee

      13      men, whether it is the selling of individual

      14      cigarettes, whether it's people yelling and

      15      screaming on the street, whether it's graffiti.

      16             In the first instance, that's a call that

      17      goes to nobody but the police.

      18             COMM. WILLIAM J. BRATTON:  It has to go to

      19      the police.

      20             There's a -- one of the City Council members

      21      had an editorial in the "Daily New" the day before

      22      yesterday.

      23             I had a response today.

      24             And one of his suggestions was that:  Well,

      25      the police don't have to enforce this.  Why don't we







                                                                   58
       1      have somebody else do it?

       2             Well, the reason we have to enforce it is the

       3      nature of the offenses.  That, you put an unarmed

       4      person, they're trying to correct that behavior, or,

       5      somebody that doesn't have the authority of power of

       6      arrest, you can imagine the response that they're

       7      going to receive.

       8             The reason the police are asked to enforce

       9      these laws is, you are very familiar with it, you're

      10      lawmakers.

      11             When you pass a law, you criminalize it, or,

      12      you make it something the police have to respond to,

      13      for the purpose that we have the authority, the

      14      power, the training, to enforce it, and to enforce

      15      it appropriately within the law.

      16             If you don't like something, well, then, get

      17      rid of the law.

      18             I'd like to have to do a lot fewer things

      19      than we currently do; but, since they are laws, and

      20      since people complain, we have to go and we have to

      21      deal with it.

      22             SENATOR GALLIVAN:  Should there be a time

      23      that the police do not enforce the law?

      24             COMM. WILLIAM J. BRATTON:  No.

      25             There's a time -- if I may expand on that,







                                                                   59
       1      there's a time when, at all times, police discretion

       2      can be used.

       3             In some instances, we cannot use discretion

       4      when mandated.

       5             Domestic-violence incidents, for example;

       6      drunk driving; you would not want us to utilize

       7      discretion, which we did utilize in the past and

       8      oftentimes abuse.

       9             So one of the reasons that a lot of our calls

      10      for domestic violence, the increase in arrests in

      11      that category is because it has been mandated that

      12      we make arrests there, which you would want us to do

      13      to try and deter that problem.

      14             But what we give our officers is discretion.

      15      And quality-of-life, oftentimes, can be dealt with

      16      with an admonition.

      17             Guy drinking the beer on the corner, you

      18      know, "Get rid of it."

      19             But, you come back two hours later, he's back

      20      drinking again, well, you can move it then up to

      21      summons.

      22             And if that doesn't work, well, then, you can

      23      move it up to arrest, eventually.

      24             So we empower our officers, within the law,

      25      to use discretion.







                                                                   60
       1             And, effectively, I think a lot of what

       2      you're seeing at the moment, some of our summons

       3      activity is lessened.  I think a lot of our officers

       4      are, in fact, using discretion to not address an

       5      offense always with the summons or an arrest.

       6             We have a saying that I'm very fond of:  That

       7      you kind of arrest your way out of every problem.

       8             Arrest is appropriate.

       9             Fare-evasion arrest was very appropriate back

      10      in the '90s when we were making tens of thousands

      11      of them.

      12             Now we make thousands of them, but we have to

      13      make many fewer of them because the offenses are

      14      occurring much less frequently.

      15             SENATOR GALLIVAN:  The last area I wanted to

      16      touch on was the New York City municipal ID card;

      17      and I'm curious about it's ultimate impact on public

      18      safety.

      19             The cop on the street being handed this, and

      20      concerns that you might have as it relates to public

      21      safety, with procedures that had to be put in place

      22      to ensure it doesn't compromise public safety or the

      23      safety of the cop on the beat.

      24             COMM. WILLIAM J. BRATTON:  We were very

      25      actively engaged in the many discussions and







                                                                   61
       1      meetings leading up to the issuance of that card.

       2             Our concerns were addressed, to the extent

       3      that we were able to support the issuance of the

       4      cards, which are now in process.  Not as quickly as

       5      it was initially hoped.

       6             But those cards, eventually, will be helpful

       7      to us, in that, in many instances where an

       8      individual does not have identification on them, our

       9      officers have to make an arrest; versus, with the

      10      municipal ID card, now they will have the ability to

      11      accept that as an appropriate form of identification

      12      for a lot of the offenses that they would seek to

      13      cite someone for.

      14             So I think, over time, it will be a great

      15      benefit to our officers in the sense of not

      16      requiring that they have to resort to arrest.

      17             And it will be a great benefit to the

      18      hundreds of thousands of individuals who are

      19      applying for those cards that would not be subjected

      20      unnecessarily to an arrest.

      21             SENATOR GALLIVAN:  Thank you, Commissioner.

      22             SENATOR NOZZOLIO:  Senator Marcellino.

      23             SENATOR MARCELLINO:  Thank you.

      24             Commissioner, thank you for coming, and

      25      I appreciate your time.  I know you are extremely







                                                                   62
       1      busy.

       2             I taught school in the city of New York for

       3      20 years.

       4             COMM. WILLIAM J. BRATTON:  That's where the

       5      gray hair came from, I guess, huh?

       6             SENATOR MARCELLINO:  Yeah.  A lot of it.

       7             I had a mustache, it was dark.  The hair was

       8      darker.  The whole thing.

       9             In that school was assigned a police officer:

      10      Officer Frank Martins.

      11             I am sure Frank, he's an African-American

      12      man, I'm sure he is probably retired, and I've lost

      13      contact with Frank.

      14             But Frank was an integral part of the staff

      15      of our school.

      16             Our school was built for 3200 youngsters.  At

      17      one time, we had 6600.  We were on triple

      18      overlapping sessions in the city, and that was a

      19      problem.

      20             Frank was an invaluable asset to keeping

      21      control, to handling the youngsters.

      22             The school was predominantly White in a

      23      predominantly White area of Middle Village in

      24      Maspeth.  And as a Black man walking the streets of

      25      that neighborhood 20 years ago, he was, I would not







                                                                   63
       1      excessively use the term "beloved."

       2             The community loved him.  The kids respected

       3      him and loved him.  He was an asset to us all, on

       4      that.

       5             I'm just wondering -- and I mention this

       6      because a lot of people don't understand it, and may

       7      not know, that police officers are in -- or were in

       8      high schools.

       9             And I'm wondering, still are?

      10             Are there still police officers assigned on a

      11      regular beat to the high schools, or other schools?

      12             COMM. WILLIAM J. BRATTON:  We have almost

      13      5,000 uniformed school agents in our schools

      14      throughout the city.

      15             We additionally have, I'm not sure the exact

      16      number, about 300-some-odd, I believe, police

      17      officers that are assigned to school-related

      18      functions; some of them in some of the schools.

      19             But the bulk of the work that you're

      20      referring to -- trying to ensure public safety in

      21      the schools; ensure, in some instances, that weapons

      22      are not brought into the schools -- we rely on the

      23      school safety agents who are unarmed but in uniform,

      24      and are members of the NYPD.

      25             SENATOR MARCELLINO:  The asset of having a







                                                                   64
       1      police officer in the building, and around the

       2      billing, especially one of size.  Our high schools

       3      are huge, compared to the ones that I represent

       4      right now on Long Island.  My high school is, like,

       5      three times the size -- was three times the size of

       6      the average high school.  It was bigger than some of

       7      the districts that I represent at this point in

       8      time, the school districts.

       9             But Frank was there.

      10             So if anybody knows of him, or still keeps in

      11      contact with him, I'd appreciate you giving him a

      12      shout-out and say "thank you" to him from --

      13             UNKNOWN SPEAKER:  He's in Florida.

      14             SENATOR MARCELLINO:  He is probably.

      15             I wish him well, because he deserves it,

      16      every bit of it.

      17             He made my job a lot easier in the school.

      18             I am also concerned, if you would, and just

      19      to repeat what Senator Nozzolio talked about before,

      20      about the most recent statistics, if could you hand

      21      that up to us, or give that to us, when you're

      22      finished, or -- in whatever form.  We could use that

      23      to look at the data that we have.

      24             Can I ask you a question about the grand jury

      25      procedure that goes on?







                                                                   65
       1             Now, that seems to, in the most recent cases

       2      of notoriety that created some problems with the

       3      demonstrations, the release of grand jury data has

       4      been requested, and it hasn't been forthcoming

       5      because the law prevents, you know, that from

       6      occurring.

       7             Would you like to see a change in that?

       8             And if you're not comfortable with answering

       9      that, I would fully understand.

      10             COMM. WILLIAM J. BRATTON:  I think we could

      11      benefit by additional information being released

      12      from the grand jury.

      13             I certainly would not want to interrupt or

      14      interfere with the secrecy component; particularly

      15      as it relates to witnesses, to encourage witnesses

      16      to testify freely in the grand jury process.

      17             But in instances in which there would be the

      18      ability to give clarification, explanation, as to

      19      the decision that's reached, as to what the

      20      particulars of that would be, would have to be the

      21      result, I would assume, of a more significant

      22      discussion.

      23             But, I think it would be beneficial, as we

      24      have seen in some instances here in New York, and

      25      some instances around the country, if we had a







                                                                   66
       1      better understanding of the decision that is arrived

       2      at by a grand jury.

       3             And, oftentimes, the secrecy works against

       4      its original intent.

       5             SENATOR MARCELLINO:  I appreciate that.

       6             Again, thank you for your time, and thank you

       7      for your service to the city of New York.

       8             COMM. WILLIAM J. BRATTON:  If I may just ask

       9      Chief O'Neill, just to briefly reference what we

      10      will provide to you; but also, going forward, how

      11      easy it is to access our crime-data information.

      12      That, Jimmy has a sheet in front of him that's

      13      posted each week on our department website.

      14             So, Jim, could you just, very quickly, speak

      15      to how they might access that.

      16             POLICE CHIEF JAMES O'NEILL:  Sure.

      17             COMM. WILLIAM J. BRATTON:  But we can provide

      18      that information to you, in any event.

      19             POLICE CHIEF JAMES O'NEILL:  You can actually

      20      go on the NYPD website.  And, the stats are a week

      21      behind, but I do have the stats for this week,

      22      ending February 1st.

      23             So, we're down in overall crime,

      24      year-to-date, 12. -- that's felony index crime, the

      25      seven major crimes, we're down 12.3 percent.







                                                                   67
       1             If you want, I could go through each

       2      category, each one of the seven crimes?

       3             SENATOR NOZZOLIO:  Just submit it for us, for

       4      the record.

       5             POLICE CHIEF JAMES O'NEILL:  Sure.

       6             Murder, we are up.  We're up 6 raw numbers:

       7      18.2 percent.

       8             Rape, we're up 6 numbers: 115, to 121.

       9      That's 5.2 percent.

      10             Robbery, we're down 5.6 percent.

      11             Felony assault, we're down 17.4 percent.

      12             Burglary, we're down 24.9 percent.

      13             Grand larceny went down 9.1 percent.

      14             And, GLA, we're down 6.9 percent.

      15             We do have a rise in shooting incidents; from

      16      80 last year, to 98 this year, which is an increase

      17      of 22.5 percent.

      18             So, the three categories that were up are:

      19      Shooting incidents, rape, and murder.

      20             COMM. WILLIAM J. BRATTON:  In reference to

      21      what Jim reported to you, our CompStat information,

      22      as of what date?

      23             POLICE CHIEF JAMES O'NEILL:  February 1st.

      24             COMM. WILLIAM J. BRATTON:  Okay.

      25             Each morning I get from the Chief of the







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       1      department, as of midnight the previous evening.

       2             So as of midnight last night, to show how

       3      quickly these numbers can fluctuate, that,

       4      homicides, we have had two more homicides this year

       5      than last year.

       6             I think you just reported six.

       7             POLICE CHIEF JAMES O'NEILL:  Right.

       8             COMM. WILLIAM J. BRATTON:  But it just shows

       9      how quickly those numbers can change.

      10             So last year was a record low year for

      11      homicide.

      12             And the increase of two into the second month

      13      of the year is not an issue of great concern, in the

      14      sense that, as far as trending, that we are working

      15      against extraordinarily low numbers from last year.

      16             Even in the area of shootings, that, as of

      17      midnight last night, we have had an increase of

      18      15 shootings, which is about a 17 percent increase,

      19      versus the 22 that Jim just referenced.

      20             So the numbers ebb and flow, and we are very

      21      focused on them, so that we are continually, if we

      22      start seeing a spike, we move on that spike.  And,

      23      we're very good at this.

      24             I would also point out that the -- relative

      25      to the homicides and shootings, in New York City it







                                                                   69
       1      is more unusual than usual to have an individual who

       2      is shot or murdered in the city who does not have a

       3      significant criminal record.  That the majority of

       4      people involved in committing the homicides have

       5      criminal records.  The majority of those being shot

       6      are murdered.

       7             With the singular exception of

       8      domestic-violence incidents, [unintelligible] the

       9      victim oftentimes have no record; or, in some

      10      instances, the perpetrator.

      11             SENATOR NOZZOLIO:  Commissioner --

      12             COMM. WILLIAM J. BRATTON:  When you're

      13      dealing with a population of violent people, that

      14      we're continually trying to focus on.

      15             SENATOR NOZZOLIO:  Commissioner, under your

      16      early watch, your first watch, your first tenure,

      17      I don't know what you call it, but your first

      18      tenure, we saw, and we watched your numbers, the

      19      most significant drop in vital crime that any state

      20      has ever experienced in the history of our country.

      21             Congratulations for that.  We applaud you.

      22             We all, from -- Governor Pataki was governor

      23      at the time.  It was a transition between

      24      administrations.

      25             We just -- I was chairman of the Crime and







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       1      Corrects Committee.

       2             We were just so pleased with the efforts.

       3             And that we applaud you and everyone that was

       4      responsible for that drop.

       5             It was quite a success story.

       6             COMM. WILLIAM J. BRATTON:  Especially the

       7      cops.

       8             And, we also work with, in this city that

       9      I can I speak to --

      10             SENATOR NOZZOLIO:  We're just concerned --

      11             COMM. WILLIAM J. BRATTON:  -- the district

      12      attorneys' offices are essential to working with us

      13      on this.

      14             That, can't do it without them.

      15             SENATOR NOZZOLIO:  Thank you for mentioning

      16      that.

      17             And it -- but we don't want to see those

      18      numbers change back to where we were.  We don't want

      19      to go back to the past.

      20             And that's a big reason why this panel is

      21      conducting its business over the next few weeks.

      22             And we have been joined by Senator Comer.

      23             SENATOR COMRIE:  Comrie.

      24             SENATOR NOZZOLIO:  And, Senator Lanza wishes

      25      to speak.  After him, it will be







                                                                   71
       1      Senator Hassell-Thompson.  And then Reverend Diaz.

       2             SENATOR LANZA:  Thank you, Chairman.

       3             Thank you.

       4             (Taps microphone.)

       5             SENATOR LANZA:  Thank you, Chairman.

       6             Commissioner, it is truly great to see you,

       7      and thank you for your service to our city.  I truly

       8      believe that, given these difficult times we face,

       9      you are the man for the job, and I have great faith

      10      in you.

      11             You spoke briefly about the morale of the

      12      New York City Police Department, and you said that,

      13      in fact, it is a challenge, and you attributed it to

      14      a variety of reasons.

      15             Is there one that stands out to you, one

      16      primary cause, for the challenging-morale situation

      17      here with the New York City Police Department?

      18             COMM. WILLIAM J. BRATTON:  Well, I think a

      19      significant mitigating factor in the -- December and

      20      January was certainly the demonstrations that were

      21      conducted nightly, that were directed against the

      22      police specifically.  And within those larger

      23      demonstrations, some of the smaller demonstrations

      24      that were absolutely abhorrent, with demands to kill

      25      police, et cetera.







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       1             To police those demonstrations -- policing

       2      demonstrations -- crowd management, crowd control --

       3      is difficult at any time, but when it's being

       4      directed against you, that it can have a wearing

       5      effect.

       6             And, I'm very complimentary of the men and

       7      women of the department, and the extraordinary

       8      restraint that they exhibited.

       9             And, also, the concerns that we all spoke

      10      about, about the -- that the fueling of this

      11      anti-police sentiment, and the result, the murder of

      12      our two officers, which clearly was a spin-off of

      13      those demonstrations in terms of the inspiration of

      14      the murderer in this instance.

      15             So it's understandable that the morale of

      16      officers was impacted by feeling it.

      17             So many members of the community were so

      18      distrustful of them, so angry at them, individually,

      19      and collectively, and from my own perspective,

      20      unjustifiably, that you can understand why morale,

      21      which ebbs and flows all the time, but particularly

      22      over the last several months, that was impacted in a

      23      very negative way.

      24             I think on the other hand, the rebound was,

      25      coming out of the murders, the outpouring of







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       1      support; not only within the police profession, the

       2      two largest police funerals ever held in this

       3      country were held within two weeks of each other in

       4      the city.

       5             So support from within the profession, but

       6      support from the many communities that do respect

       7      the police, that I think that helped to, I won't say

       8      level the playing field, but certainly appreciated

       9      by the men and women of the department.

      10             SENATOR LANZA:  I agree with you,

      11      Commissioner.  I believe that those murders were a

      12      result of this anti-police climate that was created,

      13      and has existed, and I think contributed toward by

      14      many elected officials, not just here, but across

      15      the country, who are supposed to be leading, who

      16      I think contributed toward that, and have continued

      17      to contribute toward that climate.

      18             You said in your statement that there's a

      19      perception among some who we serve, that they are

      20      actually -- that they are underserved.

      21             Do you think that is an accurate perception?

      22             Do you believe that there's anyone in the

      23      city who is not properly served by the New York City

      24      Police Department?

      25             COMM. WILLIAM J. BRATTON:  No, the irony is,







                                                                   74
       1      that the bulk of police services tends to be focused

       2      on that underserved population; "underserved," in

       3      the sense of, areas.

       4             In our case, New York City, they're the most

       5      economically distressed.  In a city that is doing so

       6      well economically, there are still distressed areas,

       7      clearly.

       8             In our areas -- in our public housing areas,

       9      and specifically with some of the conditions they're

      10      dealing with.

      11             You know, unemployment issues.

      12             Some of the poor-rated schools.

      13             That, if you start matching all of that up

      14      against where our violent crime is still occurring,

      15      where our most significant calls for service,

      16      quality-of-life or otherwise, come from, there are,

      17      quite clearly, areas in the city where they are

      18      underserved in many respects, in the sense that

      19      the -- despite many of the best efforts of the City

      20      and government, that, you know, levels of poverty,

      21      levels of unemployment, levels of poor schooling,

      22      quality of housing, all suffer.

      23             SENATOR LANZA:  Commissioner, as you know,

      24      I hail and I represent -- I hail from and represent

      25      Staten Island.  And we, unfortunately, lived through







                                                                   75
       1      the terrible Eric Garner tragedy.

       2             When the grand jury on Staten Island decided

       3      to hand up a no-true bill, the mayor of our city

       4      held a press conference, and you were there; and

       5      I listened to him.

       6             And he is a colleague and a friend of mine.

       7             It seemed to me, in his statement, that he

       8      clearly disagreed with that decision from that

       9      grand jury.

      10             And to disagree with that decision, you would

      11      only do so if you had already prejudged innocence or

      12      guilt in that case.

      13             So, it was clear to me that the Mayor

      14      believed that that police officer was guilty of a

      15      crime, and that's why he held that press conference

      16      and expressed disappointment in the decision.

      17             Do you think it's proper for -- it was proper

      18      the Mayor to express that feeling; to tell the

      19      people of the city of New York, in essence, that he

      20      had prejudged the guilt of that police officer, and

      21      that's why he disagreed with the decision?

      22             And do you believe that that press conference

      23      contributed to this anti-police climate and the low

      24      morale of the New York City Police Department?

      25             COMM. WILLIAM J. BRATTON:  Well, it's quite







                                                                   76
       1      clear you have your belief.

       2             You have your belief about what the Mayor's

       3      beliefs are --

       4             SENATOR LANZA:  Whoa, whoa, Commissioner --

       5             COMM. WILLIAM J. BRATTON:  -- and I suggest

       6      you take it up with him.

       7             SENATOR LANZA:  What do you mean, it's

       8      quite -- what belief?

       9             COMM. WILLIAM J. BRATTON:  You quite clearly

      10      believe that he had an opinion.

      11             SENATOR LANZA:  Well, he said he did.

      12             COMM. WILLIAM J. BRATTON:  So you've

      13      expressed that, and I'm suggesting to you:  That's

      14      your opinion, you take it up with him.

      15             I'm not going to comment on it.

      16             SENATOR LANZA:  So then I'll ask this

      17      question:  Do you believe that the statement made by

      18      the Mayor in that press conference contributed

      19      toward the anti-police sentiment in the city?

      20             COMM. WILLIAM J. BRATTON:  I personally do

      21      not, no.

      22             SENATOR LANZA:  During the protests, you said

      23      that police officers exercised restraint.

      24             Were the police officers instructed not to

      25      make arrests for certain offenses they witnessed?







                                                                   77
       1             COMM. WILLIAM J. BRATTON:  I will let

       2      Chief O'Neill speak to that since he was there every

       3      night, and you were not.

       4             So I will let him, who was on those lines

       5      every night.

       6             SENATOR LANZA:  Commissioner, that's why I'm

       7      asking the question.  I was not --

       8             COMM. WILLIAM J. BRATTON:  But I will let him

       9      address that line of questioning.

      10             SENATOR LANZA:  Thank you.

      11             COMM. WILLIAM J. BRATTON:  He will address it

      12      very aggressively.

      13             SENATOR LANZA:  Chief, I wasn't there, that's

      14      why I'm asking the question.

      15             COMM. WILLIAM J. BRATTON:  Well, that's why

      16      I'm having the person who was there every night, for

      17      12 hours a night, address it for you.

      18             SENATOR LANZA:  Perfect, great.

      19             COMM. WILLIAM J. BRATTON:  Jimmy?

      20             POLICE CHIEF JAMES O'NEILL:  The instructions

      21      that were given to everyone involved in the protest

      22      and demonstrations over, again, November and

      23      December, was we were leaving it up to the field

      24      commanders on the ground.  The decisions were made

      25      at a very local level.







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       1             If there was disorder, if there was criminal

       2      mischief, if there were assaults, obviously, we're

       3      locking people up.  And we did.

       4             We had, I think, and I may not have the

       5      number absolutely correct, that we made about

       6      350 arrests during the course of those protests.

       7             [Inaudible/non-working microphone] -- so

       8      anything that we saw that rose to the level of

       9      crime -- [inaudible/non-working microphone].

      10             SENATOR LANZA:  So police officers on the

      11      street were not told to ignore certain crimes that

      12      they may have witnessed?

      13             POLICE CHIEF JAMES O'NEILL:

      14      [Inaudible/non-working microphone.]

      15             No, they weren't.

      16             SENATOR LANZA:  Staten Island is the safest

      17      part of New York City, and there are a lot of

      18      reasons for that.

      19             It's because of your police department.

      20             It's because of the citizens who live there.

      21             It's because we have I think the best city

      22      attorney in the city, Dan Donovan, who I see in the

      23      audience.

      24             It's also because, I believe, we have more

      25      police officers who live on Staten Island than just







                                                                   79
       1      about anywhere else.  And these are my neighbors and

       2      these are my friends.

       3             And when we talk about police morale, in

       4      talking to my friends, there's a sense to me that

       5      they feel that the City doesn't have their back, in

       6      terms of the elected officials, the Mayor, and

       7      possibly brass.

       8             Do you think the City has their back?

       9             Do you think the Mayor has their back?

      10             COMM. WILLIAM J. BRATTON:  I personally do.

      11             I think, and I can speak for the Mayor, I can

      12      speak for myself, I can speak for my leadership

      13      team:  We do have their back.

      14             In terms of actions that we have taken to

      15      address the many concerns that were voiced to me

      16      before I took over as Commissioner, and the many,

      17      many countless meetings that we had have had with

      18      officers, with their elected officials, their union

      19      representatives, this is a police-leadership team, a

      20      police department, that does have their back; is

      21      continuing to fight on their behalf for their issues

      22      and interests and concerns.

      23             I believe strongly that this mayor does

      24      support them, as evidenced by many of his actions

      25      over the past year that I've worked with him.







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       1             Everybody is entitled to their opinions.

       2      And -- but I don't necessarily share those opinions

       3      as it relates to the department or the Mayor having

       4      their back, if you will.

       5             SENATOR LANZA:  And, Commissioner --

       6             POLICE CHIEF JAMES O'NEILL:  Excuse me.

       7             I was lucky enough to have the privilege to

       8      be a precinct commander for 6 1/2 years, in

       9      Manhattan North and in the Bronx.

      10             I was also lucky enough to be a

      11      vice commander, a narco commander.  I was in the

      12      detective bureau.  I was the chief of patrol.

      13             Now I'm Chief of the department.

      14             I unequivocally have the back of all of the

      15      brave men and women of this police department; and

      16      I think they know that.

      17             SENATOR LANZA:  I know you do, Chief.

      18             And, I am the son of a former New York City

      19      police officer.

      20             I was a prosecutor in the city, in Manhattan,

      21      in the Manhattan District Attorney's Office, for

      22      five years.

      23             So, I have worked with our police department

      24      for many years.

      25             And, Commissioner, the reason I asked these







                                                                   81
       1      questions, I know sometimes it's uncomfortable for

       2      all of us here, but, it's because I agree with you,

       3      that we have the best police department on the face

       4      of the earth.

       5             And I was very disappointed, and disturbed,

       6      that for a period of time there, the people of the

       7      city were led to believe that we did not.

       8             And we've got to make sure that we do all we

       9      can, as leaders, to let the people know that they

      10      are properly served, that they do have the best

      11      police department in the world.

      12             And sometimes emotions run high, but we can't

      13      lose site of that view.

      14             And so one last question, with respect to the

      15      grand jury proceedings:  Do any of you believe that

      16      there should be different grand jury rules for

      17      police officers than we have for anyone else?

      18             COMM. WILLIAM J. BRATTON:  I don't quite

      19      understand your question.

      20             SENATOR LANZA:  Well, there have been

      21      proposals; for instance, by the Governor, and

      22      others, that, perhaps, when police officers are

      23      involved, we should have a special set of

      24      criminal-procedure law in terms of our grand jury

      25      proceedings.







                                                                   82
       1             Do any of you believe that we should have one

       2      set of criminal-procedure law for police officers,

       3      and another one for everyone else?

       4             COMM. WILLIAM J. BRATTON:  Well, the way you

       5      phrased that question is slanted toward your

       6      perspective, quite obviously.

       7             That, in terms of, we're very fortunate in

       8      this city that we have five very capable district

       9      attorneys who have shown no reluctance, when

      10      appropriate, to move matters into grand juries.

      11             Grand juries make decisions, and we abide by

      12      those decisions.

      13             And so, in terms of the debate, you're all

      14      going to be engaged, based on the Governor's

      15      proposal.

      16             You'll have input as you go forward, and from

      17      those district attorneys, as well as the police

      18      officers.

      19             And I will be happy to engage in that

      20      discussion when the time's appropriate, when, in

      21      fact, we have hearings relative to those matters.

      22             SENATOR LANZA:  Commissioner and Chief, thank

      23      you.  Thank you so much.

      24             SENATOR NOZZOLIO:  Thank you.

      25             Senator Hassell-Thompson.







                                                                   83
       1             SENATOR HASSELL-THOMPSON:  Thank you,

       2      Mr. Chairman.

       3             Good morning -- or is it afternoon?

       4             Commissioner, first let me compliment you.

       5             You came up to the Bronx a few day ago and

       6      met with many of the clergy from around the

       7      boroughs.  And I understand it was standing room

       8      only, and -- but it was an extraordinary experience.

       9             Many of the clergy are people that I work

      10      with, not just in my borough, the Bronx, but across

      11      all five boroughs, particularly when it comes to

      12      policing issues.

      13             As the Ranking Member, and after 14 years of

      14      serving on Crime, Crime Victims, and Corrections,

      15      I have become a lot more familiar with policing than

      16      I really ever wanted to be, obviously.

      17             But these are some very troubling times.

      18             And some of the questions that I will ask,

      19      I think just to -- are just kind of important for to

      20      us really understand, from a policy perspective:

      21      Where do we go from here?

      22             And what kinds of things we ought to be doing

      23      in the State Legislature that ensures, that while

      24      people have a right to expect to be protected, that

      25      they also don't want their constitutional rights to







                                                                   84
       1      be violated in that process.

       2             And so it's a very delicate balance that all

       3      of us try to achieve in order to prevent that from

       4      happening.

       5             In your testimony, I had to read, because,

       6      unfortunately, I missed the majority of it, but

       7      I quickly saw that you referenced the 20K training,

       8      where officers are taught to take suspects into

       9      custody safely by using various escalating levels of

      10      force.

      11             Could you elaborate on those levels of force,

      12      and how they're applied to a street encounter with a

      13      citizen?

      14             COMM. WILLIAM J. BRATTON:  I'm going to ask,

      15      if you don't mind, First Deputy Commissioner

      16      Ben Tucker, who, until recently, was the deputy

      17      commissioner for our training.  Was very

      18      instrumental in the creation and development of the

      19      three-day course that's now being given to our

      20      officers.

      21             And now, in his first-deputy capacity, has

      22      oversight over the police academy, so he will be

      23      still intimately involved with that evolution.

      24             If I could ask him to basically speak to

      25      that, and the focus of what he developed there.







                                                                   85
       1             COMM. BENJAMIN TUCKER:  Hello, Senator.

       2             Good morning -- or, good afternoon.

       3             So, with respect to the levels of force,

       4      I mean, the three-day training that was referenced

       5      prior to your arrival, that you referenced, is

       6      designed to focus on a variety of issues; but, in

       7      particular, to focus on the issue of use of force,

       8      and, also, on the use of the officer's ability to

       9      deescalate a situation before it gets to the point

      10      where force has to be used, or may be necessary.

      11             So that's really the goal, and -- that we

      12      have.

      13             I mean, but let me just preface by, having

      14      been a police officer, I was a police officer for

      15      22 years, and I worked the streets in Manhattan, and

      16      also in Brooklyn, and spent some time out there, and

      17      you have to make these decisions about, you know,

      18      how you engage with the public.

      19             And when you do, you do it in a manner that,

      20      always, hopeful, that if you have to make an arrest,

      21      you want to make that arrest, where the individual

      22      who has to be arrested is going to comply, and where

      23      you don't have to use force.

      24             So that's always the principal goal, and

      25      that's the baseline from which I always worked, and







                                                                   86
       1      it's the baseline from which we ask our officers to

       2      work today.

       3             And the training is designed to focus on it

       4      in that regard.

       5             And so the training -- the three-day training

       6      focuses on the foundations of policing, as a

       7      reminder to police officers of why they became

       8      officers.

       9             And, it focuses on tactics, which are

      10      important, to the extent that officers have to make

      11      those decisions.  They make those decisions

      12      beginning, as I said, at the lowest level of use of

      13      force that may be necessary, and it escalates only

      14      as the circumstances might dictate.

      15             And then the third day of training focuses on

      16      giving officers some tools that help them exercise

      17      their -- sort of be more resilient in the way in

      18      which they make decisions, and exercise their

      19      discretion as they take action, and determine --

      20      help determine when they take action, how they take

      21      that action, and to be aware of the traps that

      22      sometimes get you into trouble, which all have to do

      23      with your ego, and not letting your ego get in the

      24      way of dictating what's reasonable under the

      25      circumstances; which sometimes happens with our







                                                                   87
       1      officers.

       2             And so, being aware of that, we want to put

       3      them through, and put them into, what we call

       4      "scenario-based situations," that remind them of

       5      what the traps are.

       6             And as they walk through those exercises,

       7      they get to make those mistakes, to the extent that

       8      they make any, as they go through the exercises in a

       9      setting that is not real, and it's not during street

      10      encounters with individuals that they come into

      11      contact with when they're on patrol.

      12             So that's really the framework in which we're

      13      trying to remind our officers what's needed, and to

      14      have them recognize that the citizens have a right

      15      to expect to be treated with respect and -- as they

      16      do their job.

      17             And in every encounter that's the goal.

      18             Of course, the realities don't always allow

      19      for that as it relates to arrest circumstances.

      20             And depending on the circumstances, the

      21      officers have to make decisions in split seconds

      22      about how they have to react.  And then, in reacting

      23      that way, the goal is always to use the least amount

      24      of force that they think is necessary.

      25             SENATOR HASSELL-THOMPSON:  Would you say,







                                                                   88
       1      then, Commissioner Tucker, that the Blue Courage

       2      program also includes sensitivity training --

       3      cultural-sensitivity training as a part of that?

       4             COMM. BENJAMIN TUCKER:  Well, we provide,

       5      Blue Courage focuses on that, and not specifically

       6      around cultural-sensitivity training, as much as it

       7      focuses on the exercise; putting officers in a

       8      position and having them sort of think about how to

       9      interact with any individual that they come into

      10      contact with.

      11             We also teach conflict resolution as part of

      12      that discussion.

      13             We also teach our officers, as they go

      14      through the academy, they get conflict resolution as

      15      well.

      16             So what we want to do with Blue Courage is

      17      heighten their awareness.

      18             And the other thing that Blue Courage does

      19      is, which I think is unique in terms of training for

      20      police officers, at least until recently, is this

      21      idea that we're trying to give them skills and give

      22      them information that speak to their own wellbeing

      23      as individual officers.

      24             So I said, you know, I talked about

      25      foundations of policing, and why they joined the







                                                                   89
       1      police department.

       2             And, typically, if you speak to officers and

       3      ask them that question, it always focuses on their

       4      ability to help the citizens that they're charged

       5      with policing.

       6             That's their focus, and that's what they're

       7      interested in doing very often.

       8             We try to remind them of that as they go

       9      through this training, and put them in situations

      10      where they get to test those skills and use those

      11      skills in that manner.

      12             SENATOR HASSELL-THOMPSON:  The question of

      13      cultural sensitivity becomes very important, because

      14      I know that the Mayor received a lot of criticism

      15      from people because of the comments that he made

      16      about his son.

      17             But, you know, the world may not be aware of

      18      this, but every Black family tries to teach their

      19      Black son, and daughters, that their behavior in the

      20      street is seriously important and their life is

      21      always threatened.

      22             And people think that's the anathema to what

      23      the relationship with the police department has

      24      been; but, historically, that's a place where we

      25      find ourselves.







                                                                   90
       1             And so there's not a parent who does not have

       2      those kinds of conversations with their children in

       3      terms of, how do you behave when you're confronted

       4      by the police department, and how you can behave

       5      that must be different from any other ethnic and

       6      cultural group.

       7             So that's why it becomes important to us to

       8      understand how much of an emphasis is put on the

       9      cultural beliefs and biases that other ethnic groups

      10      bring to the encounter as well, which is very

      11      important out there in the field to understand.

      12             COMM. BENJAMIN TUCKER:  I don't disagree.

      13      I think you're right on target.

      14             I mean, listen, I grew up in Brooklyn,

      15      New York.  And, so, as a young African-American kid

      16      growing up on the streets of Brooklyn, I know

      17      exactly what you're talking about.  You know, and my

      18      mother didn't have to have that conversation with

      19      me.  I was old enough, as a teenager, and I saw it

      20      day to day.

      21             So I can certainly relate to that, and

      22      understand the importance of it.  It's not lost on

      23      me.

      24             And we do build that into our training, and

      25      we do teach our officers about those issues.







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       1             Let me give you some examples of what we've

       2      been trying to do.

       3             Working with -- as part of a -- in addition

       4      to our training platform, there's a program called

       5      "Cops and Kids," that you may or may not be familiar

       6      with.

       7             It's -- Lenora Fulani, who is a psychologist,

       8      and who works with -- is sort of the creator of this

       9      program, recognized the point that you made.

      10             And so, in 2006, she began these

      11      conversations with cops and kids; primarily, and

      12      almost exclusively, youngsters from communities of

      13      color and New York City police officers that work in

      14      their communities.

      15             And it's been, I think, eyeopening for the

      16      officers.

      17             And what it really is, is you have

      18      five officers and, typically, five cops, and -- from

      19      a particular neighborhood, policing a neighborhood,

      20      and five youngsters from that neighborhood, and they

      21      get together and, you know, have a conversation

      22      about the concerns that both bring to the table.

      23             Cops sometimes don't understand what drives

      24      our young people, and why they make the choices they

      25      make.  And sometimes the kids don't understand why







                                                                   92
       1      officers hassle them, as they say, and why they have

       2      to stop them, or tell them not to do this or not to

       3      do that.

       4             So those conversations have continued.

       5             And when I arrived in March of last year and

       6      learned of the project, we are -- you know, it has

       7      merit.

       8             We're going to continue it, we're going to

       9      expand it, because those conversations seem to

      10      produce that understanding that you're referencing,

      11      and has an impact, I think, on those individual

      12      officers.

      13             So we are seeking to expand that and make

      14      that part of the training, in addition to the

      15      training that we -- that they normally get through

      16      the four-hour recruits in the police academy.

      17             And just this past Thursday, we had another

      18      session, where we take -- we had 450 of the most

      19      recent graduates of our academy, close to

      20      900 officers who just recently assigned to precincts

      21      and PSA's and transit districts around the city,

      22      half of those officers were in one of these

      23      sessions, where, up at the Apollo Theater, in fact,

      24      is where it was hosted, and went through that

      25      exercise.







                                                                   93
       1             And so they had the opportunity to witness

       2      what I just described to you:  Five officers,

       3      five youngsters, engaged in that sort of an

       4      exercise, overseen by Ms. Fulani.

       5             Very effective.  Very effective tool.

       6             And it reinforced for those new cops what

       7      they learned in the academy, and they saw it in

       8      action, and had the opportunity, at least in the

       9      case of the five officers and those five individual

      10      youngsters, to actually see it up close and

      11      personal.

      12             But even that's a very powerful message to

      13      send.

      14             And all of the officers witnessed it, as well

      15      as a number of community members who were in the

      16      audience.

      17             So that's just an example.

      18             But I would agree that that's an important

      19      factor, and it is certainly -- you can rest assured,

      20      it is certainly something that we are paying close

      21      attention to as we train our recruits; but also in

      22      the 20 day -- the 20K training that we're doing for

      23      officers who are already on the streets and in

      24      service.

      25             SENATOR HASSELL-THOMPSON:  Thank you.







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       1             Commissioner, my final question to you.

       2             Currently, the District Attorney controls the

       3      presentment of evidence before the grand jury.

       4             Do you think, that in the case of unarmed

       5      civilian deaths, that a representative of the

       6      deceased should be able to offer evidence at the

       7      grand jury?

       8             COMM. WILLIAM J. BRATTON:  I'm not going to

       9      speak to that.

      10             Again, you're going to be going into

      11      discussions.

      12             I understand the Governor has proposed

      13      legislation, so I think that would be the more

      14      appropriate forum to, once I've had the opportunity

      15      to understand fully what's being proposed, to speak

      16      in a more informed way to the recommendations, or

      17      recommendations I might seek to make, as you look at

      18      potential legislation controlling this.

      19             SENATOR HASSELL-THOMPSON:  But I think you

      20      also fail -- sometimes people fail to recognize

      21      that, while the Governor may propose, the

      22      Legislature has responsibility for policy.

      23             And this is the body that actually formulates

      24      that language, so it's helpful to us also, as we

      25      review any language that comes from the Governor, or







                                                                   95
       1      any other the source, when we're developing

       2      policies.

       3             We are the policymakers, and sometimes people

       4      tend to forget that.

       5             I don't allow people to forget that that's my

       6      primary role.  That's what I'm elected to do.

       7             And so as a policymaker, it's important for

       8      me to be able to ensure that the process of the

       9      grand jury is one that there is the apparent

      10      transparency without loss of vital information.

      11             Certainly, as we look at the discovery law,

      12      as we look at Brady Law, and some of the things that

      13      we've been looking at, all of these become important

      14      because we want the public to have trust in the

      15      decisions.

      16             I heard the discussion between you and

      17      Senator Lanza, and part of that discussion stems

      18      from the fact that people don't have complete trust.

      19             That because of the role of the DA with the

      20      grand jury, and because there is so much closure, or

      21      closed-door discussion with the grand jury, that the

      22      grand jury comes away with the decision that's

      23      already presupposed without really having all of --

      24      we believe, the kind of transparency that's

      25      necessary.







                                                                   96
       1             So not everybody is in agreement that what is

       2      being proposed by the Governor is, in fact, the best

       3      policy for the state of New York, and that's why the

       4      basis of my question.

       5             I'm not asking you to get in the middle of

       6      that, but I'm trying to help you to understand why

       7      it's important for us, as the Legislature and the

       8      policy body, to ensure that as we look at

       9      legislation, we consider that transparency goes a

      10      long way toward making everybody feel much more

      11      comfortable that the process is open and in such a

      12      way, that when a decision is handed down, that there

      13      is no undue influence that is brought by any party

      14      on that decision.  That it is a decision that's

      15      really predicated on all of the evidence, and

      16      everyone has the opportunity to present that

      17      evidence in a way that gives the grand jury the

      18      opportunity.

      19             Thank you, Commissioner.

      20             SENATOR NOZZOLIO:  Thank you, Senator.

      21             SENATOR HASSELL-THOMPSON:  Thank you,

      22      Mr. Chairman.

      23             SENATOR NOZZOLIO:  Senator Diaz is next.

      24             Commissioner Bratton and his team have been

      25      generous with their time.







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       1             I ask those that have asked to speak after

       2      Senator Diaz -- that's Comrie, Sanders, and

       3      Perkins -- to summarize what you would like to say.

       4             Commissioner, thank you for your --

       5      listening.

       6             Senator Diaz, you have the floor.

       7             SENATOR DIAZ:  Thank you, Mr. Chairman, but,

       8      I have to object of what you're saying, because we

       9      in the democratic society, now you cutting our time,

      10      and you on the other side, you have all the time in

      11      the morning, so it is not fair.

      12             Just for the record.

      13             Commissioner, thank you for being with us.

      14             I mean, we -- I heard today things talking

      15      about what started the anti-police feeling that

      16      ended with the death of two police officers.

      17             I heard people say that "the Mayor said."

      18             Some people asked the Commissioner, Do you

      19      agree with what the Mayor said?

      20             The fact of the matter is, ladies and

      21      gentlemen, that when we all are guilty, especially

      22      also elected official, we're guilty because, when

      23      those riots started, and that rally, people

      24      chanting, "What do we want?  A dead police officer.

      25      "When do we want it?  Now," not one elected







                                                                   98
       1      official, including myself, not one single elected

       2      official, and I am not blaming anybody else, we were

       3      so -- we are so guilty of keeping quiet.

       4             Nobody came out.  No one could

       5      [unintelligible] those --

       6             SENATOR GOLDEN:  I was out there, sir.

       7             SENATOR DIAZ:  I don't know.  I didn't see

       8      you.

       9             SENATOR GOLDEN:  I was out there.  All right?

      10             SENATOR DIAZ:  Then I say my apologies.

      11      I stand corrected.

      12             SENATOR GOLDEN:  Then don't speak for the

      13      rest of us.  Speak for yourself.

      14             SENATOR DIAZ:  I just said, I stand

      15      corrected.

      16             But we cannot come here now and questioning

      17      everybody else, when we didn't do what we were

      18      supposed to do and came out.

      19             If you did, congratulations.

      20             SENATOR GOLDEN:  Thank you.

      21             SENATOR DIAZ:  But the rest of us, I don't

      22      think we did.  And that's something that we have to

      23      be ashame of.  And I don't come here now to try and

      24      to blame everybody else for the --

      25             SENATOR MARCELLINO:  No, I'm going to call







                                                                   99
       1      this one, too, because I spoke out in my community

       2      and I spoke out as much as possible.

       3             I do not feel guilty --

       4             SENATOR DIAZ:  After --

       5             SENATOR MARCELLINO:  -- in any way, shape, or

       6      form in taking action after that.

       7             I condemned it.  I didn't like those

       8      statements.  They're outrageous.  They should never

       9      have been made.  Cast aspersions on one of the

      10      finest police departments in the state, and in the

      11      country.

      12             So I spoke out.  Whether the media covered it

      13      or not, that was their choice.

      14             But we certainly spoke out against it.  And

      15      I heard several other Senators on both sides speak

      16      out against it.

      17             So, Senator, speak for yourself, and don't

      18      cast it on anybody else.

      19             SENATOR DIAZ:  Not everyone is defending

      20      themself.  We are guilty of --

      21             SENATOR MARCELLINO:  You attack, you're going

      22      to get --

      23             SENATOR DIAZ:  That's okay, I live with that.

      24      I'm -- Senator, please.

      25             I am grown enough that I know what I say, and







                                                                   100
       1      I always stand for what I say.  And I put in writing

       2      what I say.

       3             So we are guilty.  Now we're going to say,

       4      Oh, I said it, I said it.

       5             Okay, if you -- if you think that you said

       6      it, fine.

       7             But when that demonstration came, nobody came

       8      out.

       9             After the death of the police officers, we

      10      all came out.

      11             But we got to be honest enough to be sure of

      12      what we're doing.

      13             Okay, and next, Commissioner -- I just want

      14      to congratulate you and the -- you and your police

      15      officers; the Bronx, which I represent a section of

      16      the Bronx.

      17             In 1963, '64, that was the last time when

      18      the -- [inaudible/non-working microphone] -- less

      19      than 100 homicide, two years in a row.

      20             After 50 years, after 50 years, 2013, 2014 --

      21      [inaudible/non-working microphone] -- gotten two

      22      year in a row, and it's less than 100 homicide.

      23             That count for something.

      24             I mean, less than 100, still much.  But,

      25      after 1964, the homicide rate went to 700, 500, per







                                                                   101
       1      year in the Bronx.

       2             Now, for the last two years in a row, I say

       3      you are keeping down.

       4             Congratulations.

       5             I'm not only a Senator.  I'm also a pastor of

       6      the Christian Community Neighborhood Church in the

       7      Bronx.

       8             I'm the president of the New York Hispanic

       9      [unintelligible] that is composed of more than

      10      150 Hispanic minister in the city.

      11             I also would like to thank you, because we

      12      had a problem that I learned because of the

      13      "Daily News."

      14             The "Daily News" wrote an article, where the

      15      crime statistics in Rikers Island, committed by the

      16      inmates in Rikers Island, were being applied to the

      17      41st Precinct in the Bronx, increasing the amount of

      18      crime statistic in the Bronx.

      19             I presented in the Senate a piece of

      20      legislation to do away with that.

      21             My colleagues didn't do anything about it.

      22             But your department, you send -- I never got

      23      that kind of response for any other commissioner

      24      before.

      25             You send a high-ranking staff commissioner







                                                                   102
       1      and high-ranking [unintelligible] to my office in

       2      the Bronx, and you did something internally to do

       3      away with that problem.

       4             Thank you for that, and I appreciate that, on

       5      that.

       6             On the other hand, we all know that crimes

       7      are committed in our neighborhood; Black and

       8      Hispanic neighborhood.

       9             Crime are not committed in White

      10      neighborhood.

      11             So the crimes is committed in Black and

      12      Hispanic neighborhood by Black and Hispanic peoples,

      13      so we are committing crimes on our own people.  And

      14      because of that, it is -- it is -- it would be

      15      ironic not to say, that, Why you are arresting, or

      16      why you are stopping so many people in our

      17      community?

      18             We are the ones committing the crimes, we

      19      are -- we are the ones committing the crimes, so,

      20      I am not one of those.

      21             But I will join saying, Why are you stopping

      22      so many people in our community?

      23             However, as a minister, as a pastor also,

      24      I will say that people would not get angry to be

      25      stopped, decent people, if they are treated with







                                                                   103
       1      decency, with courtesy.  People would not be --

       2      people would not get angry to be get stop, people

       3      would not object to that.

       4             The only thing that people that I know are

       5      object to the searching or to the stopping is

       6      because in the way some police officers stop them

       7      and address them.

       8             If they -- if there would be another kind of

       9      way in which people are addressed with decency and

      10      respect, I think that whole thing would change

      11      [unintelligible].

      12             Congratulations on the issue on the ID cards.

      13      That's something to the Mayor's credit, to your

      14      credit.  We welcome.

      15             And to end my statement --

      16             SENATOR GOLDEN:  Thank you.

      17                  [Laughter.]

      18             SENATOR DIAZ:  -- let me say -- no.

      19             Oh, no.  I came here to say -- I also

      20      supposed [unintelligible].

      21             I came here to say this:  And I have to say

      22      that, every year, every year, we in my district, we

      23      do toy distribution.

      24             I have to congratulate the police department,

      25      the Police Benevolent Association, with the --







                                                                   104
       1      Patrick Lynch and all his staff, because every year

       2      they come to the Bronx.

       3             Every year.

       4             Not now, because [unintelligible].

       5             For the past, maybe five years in a row, they

       6      have been coming to the Bronx, taking care of

       7      children, bringing toys to the South Bronx, the

       8      worst part, like the people, to the South Bronx, to

       9      the Black and Hispanic children of the Bronx.

      10             So I come here to say [unintelligible], thank

      11      you, Mr. Patrick Lynch; thank you, police

      12      department; and Mr. Commissioner.

      13             Start again the squeegee program.

      14             Thank you.

      15             SENATOR GOLDEN:  Thank you, Senator Diaz.

      16             Thank you very much, very much.

      17             Senator Comrie, please.

      18             SENATOR COMRIE:  Good afternoon,

      19      Commissioner.

      20             I just wanted to -- I'm not going to go into

      21      a long soliloquy.

      22             I want to just say that, as a new

      23      representative for the 14th District in the

      24      State Senate, I was honored to serve 12 years in the

      25      City Council in the community, and I was honored to







                                                                   105
       1      have a strong relationship with Queens South and all

       2      of the precincts that comprise Queens South.  And

       3      that's the area that I still represent now.

       4             I want to congratulate Chief Barrere and all

       5      of the precinct commanders in Queens South for

       6      everything that they've been trying to do to make

       7      sure that the community understands the relationship

       8      between the police and the community.

       9             And I can say that our community, which is

      10      primarily a homeowner community, enjoys a respectful

      11      relationship with the police department.  And as you

      12      have probably noticed, has done everything they

      13      could to show their support during these times.

      14             I wanted to just bring up, and I don't know

      15      if anyone else spoke to it, but I read your

      16      statement.  I'm sorry I was running late and

      17      I didn't hear the entire statement.  But I would

      18      hope that we adopt all of your recommendations for

      19      additions and services and supplies that you needed,

      20      especially the upgrades to the bulletproof glass; as

      21      opposed to doing the bulletproof glass, the

      22      ballistic panels; as opposed to the other state

      23      funding that you're asking for, to make sure that we

      24      have -- just to go through your other issues that --

      25      the escape hoods that you require; the issues of







                                                                   106
       1      making sure that, also, your weaponry that you need;

       2      and, basically, all of the supplies that you need to

       3      have, to make sure that you have not only the

       4      technical support, but the enhancements to the

       5      police departments as well.

       6             At one point they had increased our money for

       7      capital upgrades for police departments.

       8             I hope that that is still happening, because

       9      I know some of the station houses were in severe

      10      needs of just electrical upgrades to keep up with

      11      the technology.  And I hope that that's going on as

      12      well.

      13             I just wanted to really ask you one basic

      14      question, and after complimenting Queens South and

      15      Chief Barrere, and letting you know that people in

      16      our community want to be supportive of a real

      17      dialogue between the police and the community.

      18             And while community affairs is trying to do

      19      as much as they can, anything that I can do to help

      20      install that and improve that, you have my support

      21      to make that happen.

      22             We need to make sure that there's clear

      23      community dialogue, not just between the police and

      24      the 400 people that go to all the meetings, but the

      25      community people that reach down from the barber







                                                                   107
       1      shops, to the houses of worship, to the hair

       2      salons...everywhere that we need to go to ensure

       3      that the police can have had a real dialogue with

       4      the community.

       5             I have one question for your consideration,

       6      and I would hope that every rookie police officer

       7      spends at least two weeks in a community-affairs

       8      position, where they could go out and meet the

       9      community one-on-one.  As opposed to just going to a

      10      training or listen to some lectures, that they could

      11      at least spend some time in their new role, actively

      12      working with community affairs, going out and

      13      meeting all of the different locations in a

      14      community that people are aware of.

      15             And I would hope that you would consider that

      16      as part of your training policy for new officers

      17      when they come in as well.

      18             And since we're short on time, and this is --

      19      I'm trying to be respectful of the Chair and be

      20      focused, I would hope that we had could delve into

      21      that more succinctly and more detailed at another

      22      time.

      23             COMM. WILLIAM J. BRATTON:  What I would

      24      suggest, sir, is probably a discussion between

      25      yourself and Commissioner Tucker would be







                                                                   108
       1      appropriate.

       2             The program he's designed, that we're

       3      implementing for our new officers as they leave the

       4      academy, for their first six months out in the

       5      field, now they'll be assigned with

       6      specially-selected field-training officers, as well

       7      as working with community partners; volunteers who

       8      have volunteered to help assimilate them into the

       9      precincts.

      10             They are no longer going to operation-impact

      11      assignments initially out of the academy.  They're

      12      going right into precincts.  And the most recent

      13      class of 900 are in all 77 precincts around the

      14      city, working with those field-training officers.

      15             For two months they work days, for two months

      16      they work evening tours, and for two months they

      17      work the overnight tour, so that they do get a full

      18      feeling for all that goes on in the precincts.

      19             So, effectively, what you're talk about we're

      20      already in the process of implementing.  It's been

      21      designed by Commissioner Tucker.

      22             So, that conversation I think would be

      23      beneficial to you.

      24             I also would like to extend to the members of

      25      the Committee, this Committee, but also the other







                                                                   109
       1      elected officials, both Assemblymen and Senators,

       2      for New York City, the opportunity, as we have

       3      recently done for our City Council, two

       4      presentations:

       5             One, to come out to the new academy,

       6      $750 million academy in Queens, to see firsthand the

       7      training that's underway out in that beautiful

       8      facility, the multiplicity of training.  On my given

       9      day, we have 2,000 personnel in training at that

      10      academy.

      11             And, in addition, that we recently gave a --

      12      John Miller, our commissioner of counterterrorism,

      13      gave a presentation to the City Council on what

      14      we're facing currently with ISIS and other threats

      15      in the city.

      16             So I would like to extend that offer to you,

      17      and we can coordinate it through the leadership, to

      18      have you come in for those two presentations.

      19      I think it would be very beneficial to all of you.

      20             SENATOR COMRIE:  I look forward to attending

      21      both presentations.

      22             SENATOR GOLDEN:  Following up on

      23      Senator Comrie's remarks there, I don't know if

      24      you've set the time to sit down and present anything

      25      to the Senate Finance Committee.







                                                                   110
       1             SENATOR COMRIE:  [Unintelligible.]

       2             SENATOR GOLDEN:  Or have you sat with the

       3      Governor's people yet for finance for dollars for

       4      the NYPD?

       5             Have you -- your finance team?

       6             COMM. WILLIAM J. BRATTON:  We have not.

       7             Commissioner Grippo is here with me.

       8             Vinny, I'm not sure if we have any of these

       9      meetings up at the state level.

      10             SENATOR GOLDEN:  I would do that as soon as

      11      possible, on both levels, and the Assembly level as

      12      well.

      13             COMM. WILLIAM J. BRATTON:  Thank you,

      14      Senator.

      15             SENATOR NOZZOLIO:  I serve as Chairman.

      16             Senator Crocie, Senator --

      17             SENATOR COMRIE:  I'm sorry.  I'm kind of new

      18      here.  I'm not used to being cut off.

      19             Is that a normal thing?  Or is this --

      20             SENATOR GOLDEN:  No, Senator Leroy Crocie.

      21      I was just adding to your comments, that I believe

      22      that the Commissioner should have the opportunity to

      23      present to the Chairs in Albany and to the Governor

      24      for help in finances for the NYPD.

      25             And I don't think you got the answer to that







                                                                   111
       1      question.

       2             SENATOR COMRIE:  No, I think I had started my

       3      statement by saying, I would hope that everything

       4      that he has proposed here is adopted by us in the

       5      State Senate, at least, and, hopefully, adopted by

       6      the Governor in the budget.

       7             I think that making sure that he has all of

       8      the -- making sure the police department has all the

       9      technical equipment and supplies, and especially the

      10      list that the Commissioner stated here --

      11             SENATOR GOLDEN:  Thank you, Senator.

      12             SENATOR COMRIE:  -- I think is important.

      13      And I think we should all commit to making sure that

      14      that happens.

      15             And if you haven't given dollars to all of

      16      these issues, to the respected Finance Department or

      17      the Governor's Office, I would hope that that is

      18      done quickly, and so that we can have it adopted for

      19      the budget, which we should be starting our process

      20      now, and bringing it to the co-committees and the

      21      other committees that are important.

      22             But I would hope that -- and I'm saying that

      23      I'm committed to doing everything I can, as a new

      24      Senator, to try to make sure that everything on your

      25      list is in the budget for 2016.







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       1             And I would also just say that, you know, as

       2      we try to work to make sure that the department has

       3      what it needs, that we also work to make sure that

       4      the department has an opportunity to communicate

       5      effectively to the entire community, as I was saying

       6      earlier.  And I would welcome the opportunity to

       7      talk to Commissioner Tucker about that.

       8             I was proud to be in the council when we had

       9      voted for the new police academy, and part of

      10      [unintelligible] committee that did that.

      11             And as head of the Queen's delegation at the

      12      time, making sure that the College Point facility

      13      was put in place was important to the whole city.

      14             SENATOR GOLDEN:  Is there a question?

      15             SENATOR COMRIE:  I'm trying to wrap up, but

      16      you guys interrupted me.  And I was done, actually.

      17             But, I just wanted to say that, at the end of

      18      the process, we need to make sure that there's no

      19      opportunity for other entities to try to interrupt a

      20      clear communication between the police and the

      21      community.

      22             I think that's really what happened over the

      23      past few months.  And if we can find ways to

      24      mitigate that on a regular basis, we could survive

      25      bad media.







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       1             Thank you, Mr. Chair.

       2             SENATOR NOZZOLIO:  Thank you, Senator.

       3             Senator Sanders.

       4             SENATOR SANDERS:  Thank you, Mr. Chairman.

       5             First, let me applaud the Chairs for this

       6      meeting; Commissioner, to your worthy staff.

       7             I sit before you as a person who is no

       8      stranger to a uniform.

       9             I am a Marine Corps vet, infantry; and,

      10      I have friends and family who have been in the

      11      police force, so I'm very sympathetic to the police.

      12             I understand what it's like to walk a post,

      13      and have the joy of going home at the end of that

      14      tour.

      15             So I certainly am no stranger.

      16             Yet I also am -- I must admit, I'm

      17      flabbergasted by some in the city who feel that

      18      those who are saying that we have to clean up our

      19      ranks is somehow an attack on police.

      20             I'm flabbergasted.

      21             I understand that in any group that you have

      22      there's going to be some bad apples.

      23             If you have priests, there's going to be some

      24      bad apples in the priests.

      25             If you have preachers, you're going to have







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       1      bad apples.

       2             If you have -- believe it or not, I know

       3      people don't believe this, but if you have

       4      politicians, there's going to be some bad apples in

       5      the group.

       6             I know you don't believe it, but it is true,

       7      and that we also need to clean up our ranks.

       8             I feel that the same is true with the police

       9      department.  And I don't think that it's any shame

      10      to say that we need to police ourselves.

      11             We need to find who is not obeying and

      12      upholding the highest standards that we set forth.

      13      And that anybody who isn't needs to be disciplined

      14      severely.

      15             I think that it shows a sign of strength.

      16             And so I'm really confused at people who are

      17      saying that -- coming up with one a false dichotomy:

      18      you either have to be police right or wrong,

      19      seemingly, or you hate the police.

      20             And that doesn't give much room.

      21             The forced dichotomy pushes it so that the

      22      really question that we have to answer in

      23      New York City, and America, is a question that

      24      I believe that you guys at that table already have

      25      committed to:







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       1             Can we obey the Constitution and enforce the

       2      law for everyone?  Or is it that the Constitution

       3      must be a guideline when policing certain

       4      communities?

       5             Now, I don't believe that there's a soul at

       6      that table who will say that the Constitution of

       7      this great country is one that we should just throw

       8      away whenever it is convenient.

       9             I believe that there should be one law and

      10      everyone should obey it, either side of the great

      11      divide.

      12             I'd never say that we should protect any type

      13      of criminal.

      14             Indeed, my officers work very hard to root

      15      out criminals in our -- whenever we can.

      16             But as one who has marched, who will march,

      17      and say that there must be one law, and that we need

      18      to figure a way to clean ranks, I urge everybody to

      19      pull back from this false dichotomy; a dichotomy of

      20      splitting people and saying -- that actually

      21      protects people who are not upholding the highest

      22      standard that we want.

      23             I, too, have had to have a conversation with

      24      my son.

      25             May I remind you that, my son, never been in







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       1      any trouble, except with me.  A college grad.  Great

       2      guy.  Better guy than I will ever be.

       3             Yet I have had to have a conversation with

       4      him, and tell him, Hey, man, here is how you have to

       5      behave in a -- when the police come up to you,

       6      because I want you home.

       7             And this assumes that he is not doing any

       8      wrongdoing.

       9             If he is, I will have been the first one to

      10      turn him in.

      11             If he isn't, I will be the first one to stand

      12      with him.

      13             But everyone -- to say that this is not a

      14      real conversation that we've had to hold with our

      15      children means that we're speaking from two

      16      different worlds.

      17             So I -- respecting the Chair, and respecting

      18      your time, sir, which you and your staff have done,

      19      given so generously, I end with a question that is

      20      the question of the day; and that is:  Can the

      21      Constitution of the U.S., can the rules and

      22      regulations, laws of this great state and city, be

      23      observed by all, and, can we have policing of

      24      certain communities?  Or, is it that those rules

      25      must be thrown away when we police certain







                                                                   117
       1      communities?

       2             I end with that question, sir.

       3             COMM. WILLIAM J. BRATTON:  A very brief

       4      response.

       5             The basic -- [inaudible] -- for our officers

       6      always has been, is, and always will remain that you

       7      cannot break the law to enforce it.

       8             The laws are there to be obeyed by everybody,

       9      whether it's the enforcers/police, or the public.

      10             And that's what we would seek to insist: that

      11      police behave appropriately.

      12             And the public also has an obligation to

      13      behave appropriately.  That you cannot resist

      14      arrest.  That a resolution of that issue is in the

      15      courts.

      16             But we are committed to that, that we are not

      17      lowering any constitutional thresholds.  Those

      18      thresholds have to remain very high.

      19             SENATOR SANDERS:  Thank you very much, sir.

      20             You have warmed my heart to know that there

      21      are those who say there's one law in every side;

      22      whether it be people in the community; every side

      23      should obey the same law.  And if you don't, you

      24      have to take what goes with it.

      25             Thank you very much, sir.







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       1             SENATOR NOZZOLIO:  Thank you,

       2      Senator Sanders.

       3             Senator Perkins.

       4             SENATOR PERKINS:  Good morning.

       5             And I want to thank Chairs Nozzolio, Golden,

       6      Marcellino, and Gallivan, and for this convening of

       7      this important hearing.

       8             I know that the Chair is pressing us to take

       9      time into consideration, so I will.

      10             But I just want to, first, commend you for

      11      the work you're doing so far.

      12             And I want to especially commend you for how

      13      you handled the recent controversy, if you want to

      14      put it that way, between the Mayor, who I think is

      15      doing a good job and means well, and the

      16      police-department union.

      17             You know, the Black community is not

      18      anti-cop, but there is some concerns, historically,

      19      and even presently, that have been raised about how

      20      that -- the community is being policed.

      21             And so it's remarkable to me that the manner

      22      in which the differences between the police union

      23      and the Mayor were exercised in a way that they

      24      turned their backs on him.  And it almost, to me, is

      25      not what I would want my child to even see.







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       1             I had -- like has been said by others, I had

       2      to teach my sons and my nephews, as well as other

       3      young men in the neighborhood, about how to handle

       4      themselves because of the police-community

       5      relations.

       6             And that is an honest, I dare say, common

       7      concern of many folks in our neighborhoods.

       8             And for us to ignore that or to assume that

       9      that is anti-cop is to miss the point entirely.

      10             In fact, quite frankly, it is to aggravate

      11      the problem as opposed to addressing the problems.

      12             So I want to commend you for the role that

      13      you were trying to play, to make sure that that

      14      disagreement did not get out of hand as it was

      15      heading to become, because it did get out of hand.

      16      And it wasn't the kind of thing, that no one would

      17      want to see young men, perhaps aspiring to be

      18      law-abiding, and maybe even become police officers,

      19      turning their backs on the Mayor.

      20             You know, if the military turns its back on

      21      the President, that would be considered treasonous,

      22      mutinous.

      23             So, I know there's a difference between a

      24      police department and a military; but, nevertheless,

      25      it seems to me that that kind of mutual respect and







                                                                   120
       1      that kind of cooperation is very, very important,

       2      especially from the perspective of the public

       3      perception.

       4             We seem to be out of hand, and it was a great

       5      concern in the neighborhood that I represent to see

       6      that kind of behavior taking place.

       7             It did not help police-community relations in

       8      the neighborhood.  Quite the opposite.

       9             And if it was intended to be helpful, it did

      10      quite the opposite.

      11             So, I just want to hope that you will

      12      continue to move forthright in the direction that

      13      you're moving, and try to get that type of situation

      14      as part of our past, never to be repeated again.

      15             Thank you.

      16             SENATOR NOZZOLIO:  Senator Squadron.

      17             SENATOR SQUADRON:  Thank you very much.

      18             And, just briefly, thank you for all of your

      19      time, and for the tone you've been setting.  I echo

      20      that.

      21             We're here at a hearing on one side of this

      22      significant, sometimes tragic, sometimes horrific,

      23      issue: police safety, community relations.

      24             One simple question:  Do you have any advice

      25      for us, for the public, for the press, on how to







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       1      move this entire conversation forward, all aspects

       2      of it, productively, in a way that leads to a safer,

       3      but also a fairer city that feels better?

       4             COMM. WILLIAM J. BRATTON:  The suggestion is

       5      one that I have voiced the idea of -- what we all

       6      need to do is try to find some common ground, some

       7      platform, to have what you engage in, certainly as

       8      politicians and in your respective roles, the idea

       9      of, try to engage in dialogue rather than rhetoric.

      10             To have the rhetoric move toward dialogue,

      11      where you actually find compromise or collaboration.

      12             And so this is an issue that I think really

      13      cries out for, trying to find common ground, trying

      14      to find what I believe is, in fact, resolution of

      15      the many different points of view and perspective

      16      and life experiences.

      17             And shame on us if we miss this opportunity.

      18             Out of crises comes opportunity.  I have

      19      always looked at it that way.

      20             And, God knows, we have had a horrific crises

      21      over these last couple of months, and the peaking,

      22      certainly, with the death of our two officers.

      23             So wouldn't it be wonderful if the legacy of

      24      their deaths was, in fact, to move this discussion

      25      forward to where we did find resolution, rather than







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       1      confusion or continued differences of opinion.

       2             We in the police department are committed to

       3      that.  That we are committed to fulfilling our roles

       4      and responsibilities, as difficult as they are.

       5             And so the answer to your question is really:

       6      For all of us to try to find that common ground so

       7      that, as we remember Officer Liu and

       8      Officer Ramos -- Detective Liu and Detective Ramos,

       9      that their sacrifice, the sacrifice of their lives,

      10      will not have been in vein.

      11             SENATOR SQUADRON:  Thank you.

      12             SENATOR NOZZOLIO:  And with that,

      13      Commissioner, thank you very much, for you and your

      14      team.  You have been extremely responsive to our

      15      questions.

      16             Senator Golden.

      17             SENATOR GOLDEN:  One quick question.

      18             You put it up earlier, Commissioner, on the

      19      ISIS.

      20             Is there -- and you put a new team together

      21      only recently.

      22             It would be malpractice for us to let you

      23      walk out that door and not to ask you:  Is there any

      24      credible threats or credible conversations going on

      25      for, both, the creation of this new task force, and,







                                                                   123
       1      is there any chatter on -- for New York City or the

       2      country, that your office is listening or hearing

       3      to?

       4             COMM. WILLIAM J. BRATTON:  The continuing

       5      reorganization of the department and some of its

       6      units, which continue all the time in the NYPD, more

       7      in response to trending, and nothing at all in

       8      response to any specific threat known that's being

       9      directed against the city or any of its people or

      10      any of its facilities.

      11             No, the ISIS threat is most significant in

      12      its inspirational capabilities, as evidenced by the

      13      hatchet attack on four of our young officers several

      14      months ago, that so-called "lone wolf," or, the

      15      increasing concern we have in a country that has so

      16      many firearms, the idea of the individual that might

      17      engage in use of firearms rather than a hatchet.

      18             So, no, no credible threat at this time.

      19             And we have, I think, as you're all well

      20      aware, a very robust counterterrorism capability.

      21             SENATOR GOLDEN:  Last and final quick

      22      question, we talked about the morale earlier.

      23             Where is the contract negotiations?

      24             Are the contract negotiations almost

      25      completed with the NYPD, or is that still ongoing?







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       1             COMM. WILLIAM J. BRATTON:  We have, as you

       2      are aware, five unions that represent our various

       3      uniform members.

       4             Three of those unions have reached agreement.

       5      One of the three has ratified.

       6             The fourth is in, I believe, close to final

       7      discussions.

       8             And Pat Lynch from the PBA is present here.

       9      His organization is in arbitration at the moment.

      10      He can speak more specifically to his issue.

      11             SENATOR GOLDEN:  Thank you.

      12             SENATOR NOZZOLIO:  Again, thank you very

      13      much, Commissioner.

      14             COMM. WILLIAM J. BRATTON:  Thank you for your

      15      attention.  Appreciate it.

      16             SENATOR NOZZOLIO:  Members of the Committee,

      17      if I just may indicate that we have spent two hours

      18      discussing these important issues.

      19             I certainly appreciate your passion and your

      20      participation.

      21             We have 10 more witnesses, and that we ask

      22      you to focus your questions to the witness.

      23             And with that, we welcome

      24      President Patrick Lynch, president of the

      25      Patrolmen's Benevolent Association of the city of







                                                                   125
       1      New York.

       2             President Lynch, welcome to the Committee.

       3             PATRICK J. LYNCH:  Senator, thank you.

       4             SENATOR NOZZOLIO:  We have, as you could

       5      tell, a lot of questions that need to be asked --

       6             PATRICK J. LYNCH:  Fair enough.

       7             SENATOR NOZZOLIO:  -- and we appreciate your

       8      participation.

       9             PATRICK J. LYNCH:  And we appreciate the

      10      invitation here.

      11             But before I start, let me just introduce the

      12      ladies and gentlemen that are with me as well.

      13             On my right is Mubarak Abdul-Jabbar.  He's

      14      our second vice president and our legislative

      15      director.

      16             This is Mike Murray, from our legal division.

      17             We also have Valerie Debas [ph.], behind me,

      18      also from our legal division.

      19             We have Nancy Picknally with us as well.

      20             And, Frank Tramontano, who's our legislative

      21      assistant as well.

      22             Out of respect for them, I wanted you to know

      23      who was sitting in front of all of you.

      24             And I have more extensive testimony that

      25      I passed up to each and every one of you, that you







                                                                   126
       1      can review at your leisure as you move forward with

       2      the keeping the time frame in mind here.

       3             And we appreciate this.

       4             But, nonetheless, I have some read testimony,

       5      and then, of course, I'll answer any type of

       6      questions that you may all have for me.

       7             SENATOR NOZZOLIO:  Thank you.

       8             PATRICK J. LYNCH:  Good afternoon.

       9             I would like to thank you, Senators, and

      10      members of your respective Committees, for holding

      11      these hearings on these urgently important issues,

      12      and for considering my statement as well.

      13             And I would also be submitting a more

      14      detailed version of my remarks into the record for

      15      all of your consideration.

      16             New York City police officers perform their

      17      jobs today in an environment that is more difficult

      18      and dangerous than any in recent memory.

      19             We recognize that today's discussion has come

      20      about because of the assassinations of

      21      Police Officers Rafael Ramos and Wenjian Liu, but

      22      their murder is only one tragic example of the

      23      recent wave of attacks on and the threats against

      24      New York City police officers, not only here in

      25      New York City, but also in our great state; but,







                                                                   127
       1      unfortunately, across the country and around the

       2      world.

       3             These attacks have underscored the obvious

       4      need for the equipment, training, and increased

       5      staffing that will allow police officers to better

       6      protect themselves and the public from these

       7      threats.

       8             I will share some of our specific proposals

       9      in this area with you as we move forward here today.

      10             But I also believe that we must address these

      11      threats at their source, which is the current

      12      climate of hatred and violence directed at police

      13      officers.

      14             So many of these recent attacks, including

      15      the murders of Police Officers Ramos and Liu, and

      16      the terrorist hatchet attack on four police officers

      17      in Jamaica, Queens, last October, have followed the

      18      same pattern.

      19             The calls for violence against police

      20      officers find their way to the fanatical and

      21      unstable who, unfortunately, then carry them out.

      22             We must put an to end these calls for

      23      violence.  To do that, we must put an end to the

      24      anti-police climate in which they are able to

      25      circulate and, unfortunately, gain traction.







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       1             In New York City, as in many places around

       2      the country, some elected officials and activists

       3      have advanced the narrative that depicts police

       4      officers as racially biased and habitually abusive.

       5             While we strongly disagree with this and the

       6      conclusions that have been drawn from it, police

       7      officers understand why this perception exists.

       8             It is at least partially the result of

       9      policing policies that police officers have no role

      10      in creating, and many times we have actively opposed

      11      them.

      12             The PBA, for example, pressed for state

      13      legislation in 2010 to make quotas for stop,

      14      question, and frisk, and all other types of police

      15      activity, illegal, which was passed with the

      16      assistance of many in this room and many others of

      17      your associates.

      18             But numerically-driven policies that deprive

      19      police officers of their discretion, persisted.  And

      20      in the past number of years, we have seen the

      21      predictable backlash in the form of court decisions,

      22      and legislation introduced at the local level.

      23             But rather than address in the failed

      24      policies that are at the heart of the issue, these

      25      misguided reform efforts have invariably shifted the







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       1      burden onto the police officers on patrol on our

       2      streets.

       3             The message behind all of these efforts is

       4      that police officers are bad actors and must be

       5      scrutinized, controlled, and punished so that they

       6      don't victimize the public.

       7             And that's just wrong and misguided,

       8      I believe.

       9             Some of our elected leaders may have

      10      repeatedly proclaimed their support for police

      11      officers, but their actions and policies have

      12      amounted to official support of those who spread a

      13      message of distrust and disdain for law enforcement.

      14             Once that message has reached an unstable

      15      individual with the means and opportunity to attack

      16      police officers, it becomes an act of violence,

      17      unfortunately.

      18             In order to prevent another tragedy like the

      19      assassinations of Police Officers Ramos and Liu, we

      20      must break this cycle, and we must break this cycle

      21      together.

      22             We must treat threats against police officers

      23      as threats against our society as a whole, each and

      24      every one of us, as we're -- wears uniform, or are

      25      walking down our streets, and, we must punish those







                                                                   130
       1      who make such threats accordingly.

       2             And we must provide our police officers with

       3      the resources they need to simultaneously protect

       4      themselves as we go out and do a dangerous job, but

       5      also the public in which we serve and we so want to

       6      protect.

       7             At the same time, those who are responsible

       8      for setting public-safety policy must align

       9      themselves behind the clear mission and set

      10      broadly-supported goals.

      11             It's widely acknowledged that the dramatic

      12      crime reduction we have seen in New York City has

      13      been to the keys to this city's current prosperity.

      14             But now that we've restored public safety in

      15      this city, some have wondered whether the

      16      public-safety mission has changed.

      17             If the public, through their elected

      18      representatives, decided that priorities have indeed

      19      changed, police officers need to have that message

      20      clearly communicated to them.

      21             The current debate over the so-called

      22      "broken-windows" policing strategy is an example

      23      that needs some clarity.

      24             Our leaders can't, on one hand, say that,

      25      "support broken-window-style policing"; while on the







                                                                   131
       1      other, are carve-out exceptions that swallow the

       2      original concept as it's been explained to the

       3      police officers.

       4             It is no longer support -- if it's no longer

       5      supported, or no longer supported in its previous

       6      form, police officers need to know what remains, and

       7      must be provided with the coherent guidance on just

       8      how they should conduct themselves and the policies

       9      we should follow.

      10             In our view, the twin objectives of

      11      protecting police officers and preserving our public

      12      safety can and must be addressed simultaneously.

      13             We believe that these -- there are several

      14      specific actions that you can take, along with your

      15      fellow legislators, in order to help further these

      16      goals, and I'll put some of them on the table, and

      17      they are also in the longer version.

      18             Number one:  Declare a moratorium on local

      19      legislation in the area of criminal justice and

      20      police procedure.

      21             Criminal-procedure law, particularly those

      22      laws that impact certain police practices, has

      23      historically been a function of the state

      24      government.

      25             Recently, however, some local governments,







                                                                   132
       1      including New York City, have attempted to usurp the

       2      State's traditional role through ill-considered

       3      local legislation that is fashioned and enacted in a

       4      response to the latest headlines without any

       5      consideration for its long-term public-safety impact

       6      or its relationship to the surrounding body in law

       7      that should be included.

       8             Importantly, issues of criminal justice

       9      deserve more careful, deliberate, and reasoned

      10      consideration, and we believe that the Legislature's

      11      statewide purview leaves it better equipped to play

      12      that role.

      13             For that reason, we will seek a law,

      14      specifically consigning the area of the state -- to

      15      the State Legislature, effectively declaring a

      16      moratorium on all local legislation impacting

      17      criminal or policing procedures, and invalidating

      18      any existing law or legislation of this type.

      19             Two:  Protect due process for police

      20      officers.

      21             Police officers spend their entire careers

      22      protecting the rights of those we serve.

      23             We must be afforded the same legal processes

      24      that are guaranteed to the civilian population,

      25      especially where liberty interests are implicated.







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       1             As the U.S. Supreme Court has said, in

       2      quotes, Policemen, like teachers and lawyers, are

       3      not relegated to a watered-down version of

       4      constitutional rights, end quote.

       5             Recently, we have heard calls for changes to

       6      the way the criminal cases involving police officers

       7      are handled.

       8             Many of those proposals would effectively

       9      place police officers in a separate justice system

      10      with the express purpose of indicting police

      11      officers on charges that would not stand under

      12      normal operational law.

      13             This is a blatantly unjust and inequitable

      14      concept.

      15             We urge you to oppose any legislation that

      16      may come before you, that we would create a separate

      17      justice system for police officers, who are also

      18      citizens of our great city and state.

      19             Three:  Increase penalties for threats and

      20      assaults against police officers.

      21             As I noted earlier, an attack on a police

      22      officer is an attack on society as a whole, and the

      23      penalties for such attacks or threats of attacks

      24      must reflect that.

      25             For that reason, the PBA is calling for four







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       1      changes to existing law.

       2             The first change would make it a B felony to

       3      assault a police officer and cause physical injury

       4      while at a public assembly, making it punishable by

       5      up to 30 years in prison.

       6             The second change would make it a D felony to

       7      menace a police officer with a dangerous instrument,

       8      strengthening a statute that currently covers only

       9      threats with a deadly weapon.

      10             The third change would make it a D felony to

      11      encourage imminent violence against a police

      12      officer.

      13             A second component of this charge would make

      14      similar threats against police officers, issued in

      15      connection with the terrorist group, a C felony,

      16      punishable by up to 15 years in prison.

      17             Our hope is that these four changes will not

      18      only serve to punish the perpetrators who may carry

      19      out these threats and attacks, but will help prevent

      20      such threats from happening in the first place,

      21      which would stop violence in the future.

      22             Four:  Increase NYPD staffing.

      23             Since 1999, the NYPD's uniform headcount has

      24      declined by roughly 7,000, while the city's

      25      population has grown by almost 1 million.







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       1             These cuts have been most deeply felt in the

       2      local precincts and patrol commands that provide the

       3      basic police services that New Yorkers rely on every

       4      day in our neighborhoods around the city, as an

       5      increasing number of police officers have been drawn

       6      away from patrol to fulfill critical

       7      counterterrorism needs.

       8             The PBA has warned for years that the -- this

       9      reduced staffing level is a -- is detrimental to

      10      public safety, and also puts our members at risk.

      11             It was also one of the key factors that led

      12      to the aggressive quota-driven policies that

      13      I referenced earlier in my statement.

      14             As the city's population and demand for

      15      police services continue to grow, our

      16      policing-policy resources are already approaching

      17      the breaking point.

      18             We believe that the Legislature can play a

      19      role in ensuring that the situation never occurs.

      20             Accordingly, we ask for legislation that

      21      mandates a return to the NYPD's 1999 staffing

      22      levels, as that sets a minimum threshold for

      23      staffing that will rise with the city's growth in

      24      the future.

      25             This restoration in police staffing could be







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       1      funded by a targeted tax similar to those that

       2      funded similar staffing increases under the

       3      "Safe Streets, Safe Cities" program in the early

       4      1990s which was very effective.

       5             Five:  Provide steady funding stream for

       6      bullet-resistant vests.

       7             The City Council's recent decision to

       8      allocate additional funds to purchase new

       9      bullet-resistant vests for some police officers who

      10      are currently wearing outdated or expired vests is a

      11      good first step, quite frankly, but it has also

      12      highlighted the need for a steady stream of funding

      13      to guarantee that replacement vests will be

      14      purchased on a routine basis moving on into the

      15      future.

      16             The risk posed by worn-out or ill-fitting

      17      vests, or vests with outdated technology, as well --

      18      is well documented, and the law requires an employer

      19      to provide, in quotes, reasonable and adequate

      20      protection to the lives, safety, and health of its

      21      employees, end quote.

      22             That's our members.

      23             For that reason, the PBA is planning to seek

      24      legislation that will compel the City and the NYPD

      25      to pay the cost of issuing bullet-resistant vests







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       1      with the latest technology and maximum coverage, as

       2      well as the cost of replacing any vest that's

       3      damaged, does not fit, or that has passed a given

       4      expiration date.

       5             Six:  Fund an anti-terror assault kit for all

       6      New York City police officers.

       7             Recent events have demonstrated that

       8      active-shooter-style attacks are becoming a

       9      preferred tactic for terrorists around the world,

      10      and they have already been a grim reality of

      11      American policing, unfortunately, for some time.

      12             The NYPD and many other departments now

      13      instruct police officers to engage the suspect as

      14      soon as possible to end the threat and prevent any

      15      further loss of life.

      16             This means that the first police officers on

      17      the scene, usually our patrol officers equipped only

      18      with handguns and standard bullet-resistant vests,

      19      are expected to confront a heavily-armed shooter, or

      20      even, many times, multiple-shooter situations.

      21             That is why the PBA has called, for many

      22      years, for the NYPD to equip all police officers,

      23      both those on patrol and those stationed at fixed

      24      locations, with an anti-terror assault kit

      25      consisting of, at the very least, an assault rifle,







                                                                   138
       1      tactical body armor, including a ballistic helmet,

       2      for our members.

       3             Today their need for this equipment is even

       4      more urgent, and we intend to seek legislation that

       5      would provide funding for this equipment, and compel

       6      the NYPD to provide it to all its members and train

       7      them in it.

       8             Seven:  Equalize line-of-duty disability

       9      benefits.

      10             All of the measures I have discussed so far

      11      are aimed at proactively protecting police officers

      12      and ensuring their safety, moving forward, and

      13      nothing should diminish that focus.

      14             But New York City and New York State also has

      15      a moral obligation to care for those police officers

      16      who have been seriously injured in the line of duty,

      17      whether through direct attacks, or any variety of

      18      other hazards that we face on our job.

      19             As you may be aware, New York City police

      20      officers and firefighters hired after July of 2009

      21      have been placed into the Tire 3 pension plan as an

      22      unintended consequence of former

      23      Governor David Paterson's veto of the Tier 2

      24      extender bill.

      25             Tier 3 includes a reduced accident-disability







                                                                   139
       1      pension benefit for all of those who are permanently

       2      disabled in the line of duty.  That benefit is

       3      significantly less than the benefit provided to

       4      their more senior colleagues under Tier 2, and that

       5      benefit afforded to every police officer and

       6      firefighter in New York State under Tier 5 and

       7      Tier 6.

       8             Tier 3 police officers who were recently

       9      injured in the line of duty may be subjected to this

      10      diminished benefit in the near future,

      11      unfortunately.

      12             It is not only a matter of basic fairness to

      13      protect them and their families against the

      14      financial risk that they may incur on our behaves,

      15      it is also a matter of public safety.

      16             I ask you to put yourselves in the position

      17      of New York City police officers and firefighters

      18      who are unsure whether they will be able to provide

      19      for their families if they are hurt on the job.

      20             Would you hesitate to put yourself in harm's

      21      way knowing that may well happen?

      22             The PBA will continue to back legislation

      23      that would give New York City police officers the

      24      same level of line-of-duty disability benefits as

      25      all other police officers in our great state.







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       1             This legislation already has strong local

       2      support.

       3             As of today, 35 members of our City Council

       4      have signed on to a resolution in support of such a

       5      change.

       6             And I hope that you and your colleagues in

       7      the Legislature will give it your support as well.

       8             I would like to conclude my remarks today by

       9      stressing once again, that protecting our police

      10      officers, and ensuring that they are treated fairly,

      11      are essential components to the safety of the city,

      12      and New York State as a whole.

      13             Public safety must remain a top priority, and

      14      how we go about implementing that priority is

      15      ultimately the decision of policymakers, like

      16      yourselves.

      17             But we believe that it cannot be maintained

      18      by a government that does not support its police

      19      officers; that procedures them with criticism and

      20      ill-considered oversight; that subjects them to

      21      unprecedented and unwarranted levels of discipline,

      22      and relegates them to a different and more

      23      burdensome system of justice than the rest of our

      24      fellow Americans.

      25             Most importantly, we cannot expect our police







                                                                   141
       1      officers to effectively protect us unless we do

       2      everything in our power to protect them as well.

       3             We have seen some hopeful signs recently that

       4      our leaders in New York City may begin to move in

       5      that direction, but our police officers still need

       6      the words of support, which we appreciate, to be

       7      backed up by more meaningful and consistent actions.

       8             We believe the proposals and measures we've

       9      outlined will serve to maintain and increase the

      10      safety of police officers, and enhance public safety

      11      as a whole.

      12             And I ask once again that you give all these

      13      proposals your support.

      14             And I thank you, with all respect again, for

      15      hearing and considering my testimony here today, and

      16      I would gladly answer any questions you may well

      17      have.

      18             SENATOR NOZZOLIO:  Thank you,

      19      President Lynch.

      20             PATRICK J. LYNCH:  Thank you, Senator.

      21             SENATOR NOZZOLIO:  Senator Golden.

      22             SENATOR GOLDEN:  Thank you, Mr. Chairman.

      23             Thank you, Pat Lynch, for being here today.

      24             And the group that you're with here, your

      25      leaders in the PBA, thank you for being here as







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       1      well.

       2             We heard the Commissioner speak earlier about

       3      crime, and it was focused in the last 28-day report

       4      that crime was up in murder, rape, and robbery.

       5             And in the last week, which we're not privy

       6      to that, but we should be privy to, we get it --

       7      I think we got it now, that, actually, robbery is

       8      not up any longer, but murder and rape are still up

       9      across the state -- across the city.

      10             What is the -- what is your feeling on the

      11      street?

      12             And, do we see an increase in crime

      13      continuing?

      14             And we're going to ask, two areas:

      15      (a) morale, and (b) manpower.

      16             We understand that the Mayor has announced a

      17      new organization, a new group out there, that

      18      350 men.  That's 350 men that's coming from

      19      another -- from the street again, so that's less men

      20      and women on the street.

      21             I believe we need that 350-man operation to

      22      be able to go out there and to deal with the ISIS,

      23      and other high-potent issues that may affect the

      24      city.

      25             But those two areas, right there, morale, and







                                                                   143
       1      manpower, do we have -- what are we going to do, and

       2      what can we do about it?

       3             PATRICK J. LYNCH:  I think they're

       4      intricately connected, quite honestly.

       5             Staffing, we're down between 6,000 and

       6      7,000 New York City police officers on our streets.

       7      That makes it more dangerous for our members as they

       8      go out and do their job, and also for the public as

       9      well.

      10             And then it requires for us to makeshift, or

      11      Band-Aid, to go to different neighborhoods where

      12      there's spikes in crime and put out the fire, and

      13      then move to someplace else.

      14             The CompStat program was a creative program

      15      that's effective.

      16             It knows where crime is.

      17             You give the commanders the responsibility to

      18      go after that crime, and hold them responsible for

      19      it, but also giving them the staffing that they

      20      need.

      21             So one piece of that puzzle is now missing:

      22      the staffing that we need.

      23             We're down 7,000 police officers.

      24             So every time there's an event, whether it

      25      could be a festival or a parade or something joyous,







                                                                   144
       1      or something more dangerous, God forbid, happens in

       2      the city, the police officers that are pulled to

       3      police that issue are pulled from our neighborhood

       4      precincts.

       5             That makes it more dangerous for us, and

       6      makes it more difficult for us to keep those crimes

       7      down.  And one crime is too many.  A spike in murder

       8      is one life too many.

       9             And our strive should be, always, to make

      10      sure that there's none.

      11             I'd rather have my members bored because

      12      there's not crime than both the public and the

      13      police officers in danger.

      14             So we need to fix that staffing problem.

      15             Also, that staffing problem I believe led to,

      16      and we were very vocal on this, so the quota-driven

      17      system that led to the problem with the stop,

      18      question, and frisk.

      19             We were one of the first groups to come up

      20      and say, there's a problem.

      21             It's polluting our relationship in the

      22      neighborhoods, because there's a certain numerical

      23      number or a goal or quota put on each individual

      24      police officer to come in with a certain number of

      25      stop, question, and frisk, as we call "250s," or,







                                                                   145
       1      arrests, or summonses.

       2             It takes the discretion away from the police

       3      officer, who know the folks in the neighborhood,

       4      know the good folks in neighborhood, and,

       5      unfortunately, also know who may be a criminal.

       6             But if you drive them to come in with a

       7      certain number, and punish them if they don't meet

       8      that, what they call "productivity goal," I call it

       9      "a quota," that creates and pollutes the

      10      relationship in the neighborhoods.

      11             So with the help of many in this room, we

      12      passed legislation to make quotas illegal.

      13             We want to make sure that numerical problem

      14      does not continue, because, again, it pollutes every

      15      aspect, and also to go to the morale problem.

      16             Our police officers want to go out in the

      17      street and feel supported.

      18             They also noted, a policy that says you need

      19      to bring in five collars, or five arrests, or

      20      five UF-250s, they know that pollutes the

      21      relationship with the public we're serving.  That

      22      affects morale, because our members truly believe in

      23      truth, justice, and the American way.  We want to go

      24      out and do our job, and make it safe for everyone.

      25             So the staffing problem has tentacles that







                                                                   146
       1      reaches into all the different issues that we're

       2      speaking of here today.

       3             SENATOR GOLDEN:  Is the broken-windows

       4      theory -- what is the broken-window theory today?

       5             PATRICK J. LYNCH:  To go after -- what I'm

       6      concerned with, is that there's a clear message of

       7      what we're going after, and, what are those crimes?

       8             Look, we want to go out and do our job

       9      effectively, but we can't go out and do our job and

      10      go after a crime, and, then -- with police officers,

      11      there's never a script for a police officer.  Things

      12      don't always go exactly as they should.  It's not

      13      all written in a book.  You're dealing with

      14      circumstances that are fluid on the street all the

      15      time.

      16             And then, after there may be a tragedy or a

      17      question, then to blame the police officer for the

      18      policy we have no ability to control, but we're sent

      19      out there, because the community complained, or the

      20      department sent us out to do it, we cannot walk away

      21      at that point.

      22             So, if the policy is not to go after a

      23      certain crime in this broken-windows theory,

      24      articulate that to us so we know what we should be

      25      doing.  But, certainly, don't hold the individual







                                                                   147
       1      police officers who didn't create that policy

       2      responsible for it.

       3             SENATOR GOLDEN:  So would a change in

       4      broken-windows, with the stop-and-frisk on a

       5      downturn -- considerable downturn, racial-profiling

       6      bill, all these add to -- I believe, a lower arrest

       7      process here in the state -- in the city of

       8      New York, and, a morale situation that is untenable

       9      right now?

      10             PATRICK J. LYNCH:  Well, it creates the

      11      morale issue because, what happens is, if you look

      12      at many of the pieces of legislation and discussions

      13      that go on, it always ends up with "discipline the

      14      police officer."

      15             Now, we are not the ones that create the

      16      policy out in the street.

      17             If there's a problem with the policy, go

      18      after the policy, and hold the policymakers

      19      responsible.

      20             But what we find, the discipline always falls

      21      on the individual police officer standing on the

      22      corner, rather than those that made the policy.

      23             SENATOR GOLDEN:  Do you think there are too

      24      many cooks in the kitchen as well?

      25             PATRICK J. LYNCH:  I have to agree with the







                                                                   148
       1      Commissioner.

       2             Too many cooks in the kitchen that, again,

       3      puts the focus on the individual cop on the corner,

       4      rather than the policymaker.

       5             Look, if the policy is changed, we'll follow

       6      our orders and do our job effectively.

       7             SENATOR GOLDEN:  I had remarked at earlier

       8      about the crime statistics, but when you see crime

       9      going up in the coldest days and snow storms, that's

      10      not a good sign.

      11             Crime should be down in the month of January;

      12      not going up.

      13             PATRICK J. LYNCH:  That's right.

      14             SENATOR GOLDEN:  That, I think is a serious

      15      problem.

      16             PATRICK J. LYNCH:  And it is, because it's

      17      pulling the police officers.  We're already

      18      short-staffed.

      19             We have the increased threat of terrorism

      20      that is real here in New York City.  Then all the

      21      circumstances that happen on a regular basis, those

      22      police officers are pulled, and it makes it

      23      difficult for us to do our job.

      24             Look, we need and want the resources to

      25      effectively do our job.







                                                                   149
       1             I've been a police officer for 31 years.  It

       2      was a much different neighborhoods out there.  I was

       3      assigned to the 90th Precinct, the Williamsburg,

       4      Brooklyn.  It's a place now where our members can't

       5      afford to buy a home.

       6             When I had gotten there, we would be standing

       7      on the corner in full battle regalia.  That's how

       8      crime had eroded everything that we do, the tax

       9      base, all the policies that we make.

      10             We don't want to slide back to doing that.

      11             But the problem in policing is this:  If the

      12      problem gets ahead of you because of the staffing

      13      problem, you cannot ramp up a police department by

      14      just saying, Go ahead, hire them up.

      15             You have to test them, train them, recruit

      16      them, six months in the academy, six on the --

      17      six months on the street, before they're effective

      18      police officers.

      19             So once the problem gets out of control, it

      20      can't be stomped down too quickly.  It's not like an

      21      assembly line.

      22             We need qualified police officers who want to

      23      do this job, to go out in the street, and we need

      24      help doing it.

      25             SENATOR GOLDEN:  The CompStat here, you can't







                                                                   150
       1      tell a drug arrests.  I don't know how drug arrests

       2      and how drugs are dealt with in CompStat, but I do

       3      know that we've seen the number of summonses, the

       4      number of arrests, on marijuana use is down.

       5             But I do know, in the communities across my

       6      district, and across the state of New York, we see

       7      an increase in opium and heroin deaths, which we

       8      have to go to the Department of Health to get those

       9      numbers.

      10             And we need to get more of those numbers.

      11             Are you seeing more drug sales on the

      12      street --

      13             PATRICK J. LYNCH:  We are, we're seeing many

      14      of our neighborhoods, the increase in heroin and the

      15      like, and the calls that we have for overdoses.

      16             And that sort of thing is a better question

      17      for the department on those statistical numbers.

      18             But, yes, we're doing that.

      19             But more importantly, the issue is not just

      20      the numbers.  It's also the feel on the street, the

      21      perception on the street, of, it's not safe.

      22             Now, we can look at the numbers and say,

      23      Well, the numbers say it is.

      24             But if you're on the street corner and you're

      25      not feeling safe or supported, that permeates every







                                                                   151
       1      aspect of the life that we live here in this great

       2      city.

       3             And as the Commissioner said, we're part of

       4      the -- 60 percent of my members live in the confines

       5      of New York City.

       6             I was born and reared here.  I reared my

       7      family here.

       8             We're part of the communities that we serve

       9      as well.

      10             So we want to have effective policing, but we

      11      need help in staffing to get that done.

      12             SENATOR GOLDEN:  Want to change the hat

      13      quickly.

      14             PATRICK J. LYNCH:  Sure.

      15             SENATOR GOLDEN:  Binding arbitration.

      16             Where are you in binding arbitration?

      17             And is there an opening here for the --

      18             PATRICK J. LYNCH:  We're in binding

      19      arbitration to resolve our contract.

      20             SENATOR GOLDEN:  What date --

      21             PATRICK J. LYNCH:  We're waiting for dates to

      22      get that done, but we're in the process.

      23             But the unfortunate part here is we haven't

      24      learned from history in the past.

      25             In the past, New York City police officers







                                                                   152
       1      were given zeroes.  It was called a "zeroes for

       2      heroes" contract.

       3             That created many of the problems we had,

       4      where we couldn't recruit qualified candidates to

       5      stay on this job.  Senior-veteran-experienced

       6      officers to remain on this job, and pass that along

       7      to our younger veteran officers.

       8             And that created all the problem, and,

       9      unfortunately, sometimes scandal as well, when you

      10      didn't have the resources.

      11             So it's unfortunate that, once again, the

      12      City of New York is offering New York City police

      13      officers 18 months of zeroes.

      14             We've lived through that.  Been there, done

      15      that; it doesn't work.

      16             We have a responsibility to our members to

      17      pay them so that they can live in the communities

      18      that they serve, but we also need to make sure we're

      19      recruiting qualified candidates to come on this job.

      20             How you do that, is by paying a market rate

      21      of pay.

      22             Because, what's happening now, and has

      23      happened in the past, when we're not at a market

      24      rate of pay, we recruit the police officers, we

      25      train the police officers, we put them on the







                                                                   153
       1      streets for six months, they pack their bags, and

       2      they move to a different community where they can

       3      pay for their family, educate their family, and also

       4      do it in safety.

       5             And I think that's unfair, and I think it's

       6      short-sighted.

       7             It should be a reasonable pay for police

       8      officers for the difficult job we do.

       9             SENATOR GOLDEN:  Because of the number of

      10      members that -- and I have one last question --

      11      I want to ask my last question.

      12             The -- and I think it's important that you

      13      focus -- you talked about equalizing the

      14      line-of-duty disability benefits.

      15             Could you just put that into a focus, on the

      16      two officers that ran into a fire in Coney Island.

      17             Or, if there's a better --

      18             PATRICK J. LYNCH:  Well, we have a number,

      19      unfortunately.

      20             We have the police officer, Rosa Rodriguez,

      21      that ran into that fire in Coney Island.

      22      Unfortunately, her hero partner lost his life.

      23             She is a wonderful woman, a family woman, a

      24      police officer, lives and resides here in this city

      25      and serves the city, but she can't walk very far







                                                                   154
       1      without hooking herself up to oxygen.

       2             But the reality is, two police officers in

       3      that same circumstance, if you were on the job

       4      before July of 2009, if you're in that disability --

       5      and no one wants that.  It's not a benefit.  Your

       6      life has changed. -- you'll get three-quarters, and

       7      maybe you'll be able to take care of your family.

       8             But the police officer that's right next to

       9      them, in Tier 3, will get $27 a day.  Won't be able

      10      to take care of their family.

      11             It's not just that.

      12             We had a terrorist attack in the middle of a

      13      shopping district in South Jamaica, Queens, in the

      14      103rd Precinct, where a madman following the climate

      15      that I spoke of earlier, hit a police officer in the

      16      head with a hatchet.

      17             Police officer -- when we talk about serving

      18      the community, four police officers that were

      19      standing there, having their picture taken by the

      20      community, interacting with the community, and while

      21      they were doing that, this madman, with absurd ideas

      22      in his head, came and hit that police officer in the

      23      head with a hatchet.

      24             That police officer, and we hope, and we

      25      pray, that he comes back to full duty, and full







                                                                   155
       1      capacity, but he's a long way to do that from

       2      getting out of the hospital and all the rehab.

       3             That police officer will be in Tier 3, won't

       4      be able to take care of his family, or any other

       5      police officer.

       6             It's a matter of fairness.

       7             If we're both in the --

       8      if Mubarak Abdul-Jabbar and myself are in the radio

       9      car and we're responding to that same danger, and we

      10      get injured, we should be treated the same.

      11             All we ever asked for in any of these issues,

      12      as police officers, and our union, is fairness.

      13             We're asking for fairness.

      14             This is not right.

      15             SENATOR GOLDEN:  Senator Hassell-Thompson and

      16      myself are partners in a police radio car.

      17             And if she were in Tier 5, and she were to

      18      get hurt, she would get a disability.

      19             And if I were to get hurt in that same car

      20      accident, or, responding to a crime, and we got into

      21      a shooting, and both us, unfortunately, may succumb

      22      to some of our injuries, or -- well, let's not go

      23      that far; not succumbed -- injured in the line of

      24      duty, I would get $27 a day, to be able to pay my

      25      rent --







                                                                   156
       1             PATRICK J. LYNCH:  Exactly.

       2             SENATOR GOLDEN:  -- or my mortgage, or my

       3      kids for school --

       4             PATRICK J. LYNCH:  Right.

       5             You'll get 50 percent of your salary.

       6             SENATOR GOLDEN:  [Unintelligible]

       7      three-quarters today --

       8             PATRICK J. LYNCH:  But, also, look at the job

       9      that we're in.  It's a very young job.  Most people

      10      are not even at top pay.

      11             So it's based on the level of pay that

      12      they're at at the time.  So that brings it down.

      13             And we use the example of the $27.  Those are

      14      the newer police officers that have got injured.

      15             If you go out, there's not a lot of gray hair

      16      out there on street.  It's a young, vibrant police

      17      department.

      18             We have a responsibility to take care of them

      19      so they can take care of their family.

      20             But we have a moral obligation.

      21             We're asking them to go out and put

      22      themselves at risk?  We have a moral obligation to

      23      take care of them.

      24             There's a pact between society and police

      25      officers, saying, Put yourself at risk.







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       1             And we're willing to do that.

       2             But with that pact comes, if you're injured

       3      and disabled, we will help you take care of your

       4      family.

       5             These young police officers will not be able

       6      to take care of their family, will not be able to

       7      live in the city that they serve.  And in many

       8      times, gave up the life they that knew, moving

       9      forward.

      10             And, again, it's a matter of fairness.

      11             SENATOR GOLDEN:  The majority of the people

      12      on the street today are those guys today.

      13             That's why another piece of morale is down.

      14             I would like to go on, but I can't.

      15             I think -- I thank you again for coming out

      16      here today and pointing out some facts to us.

      17             I got to tell you, the stuff you have in this

      18      document, is tremendous.

      19             PATRICK J. LYNCH:  Hopefully it's helpful,

      20      sir.

      21             SENATOR GOLDEN:  And we are definitely going

      22      to look at it.

      23             My colleagues, in each one of our different

      24      settings and our different committees, we'll take a

      25      look at this and see what, in fact, we can, and work







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       1      with the Assembly to get passed this law here in the

       2      state of New York.

       3             We think this is a good piece of legislation.

       4             PATRICK J. LYNCH:  And I respectfully thank

       5      you.

       6             SENATOR NOZZOLIO:  Senator Gallivan.

       7             SENATOR GALLIVAN:  Thank you, Chairman.

       8             Good afternoon, President Lynch.  Thanks for

       9      being here.

      10             PATRICK J. LYNCH:  Thank you, Senator.

      11             SENATOR GALLIVAN:  And thanks -- thank you,

      12      and all of your members, for the work that you do to

      13      help keep the city safe.

      14             PATRICK J. LYNCH:  Thank you, sir.

      15             SENATOR GALLIVAN:  Your testimony was very

      16      extensive, and answered many of the questions that

      17      I had, so I'll forgo those.

      18             But it was quite interesting, the one that

      19      I hadn't anticipated, or even thought of, is your

      20      recommendation for a moratorium on local legislation

      21      in the area of criminal justice and police

      22      procedure.

      23             So, I completely understand it from the

      24      perspective of the law, the criminal-procedure law,

      25      and how, essentially, that governs the -- well,







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       1      governs arrest procedures after arrest warrants, and

       2      so on.

       3             The Governor had a -- one of the Governor's

       4      recommendations in his so-called "criminal justice

       5      reforms," he called for a statewide use-of-force

       6      policy, where it would require the municipal

       7      police-training council to establish a model policy

       8      on use of force, and mandate all departments

       9      statewide to follow that.

      10             Does your recommendation on calling for the

      11      moratorium on the legislation on the laws extend to

      12      policy issues?

      13             And --

      14             PATRICK J. LYNCH:  It should.

      15             And, of course --

      16             SENATOR GALLIVAN:  Get specific to --

      17             PATRICK J. LYNCH:  And it could.  And you

      18      have to look at each specific law.

      19             We don't want to broad-brush every proposal

      20      that any legislator or governor puts forward.

      21             So you have to look at the detail.  The

      22      devil's in the details always.

      23             But you have to look at how it affects

      24      New York City police officers, and all of these --

      25      and we speak about oversight, and the like, and I'm







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       1      sure we will, moving forward, as well.

       2             It puts police officers, that they're in a

       3      different justice system than anyone else, where, if

       4      we don't find what we need here, we move to

       5      another --

       6             SENATOR GALLIVAN:  Clearly, let me just

       7      jump -- clearly, you've articulated that well.  That

       8      was an area I was going to ask about, that I don't

       9      need to.

      10             But just this one specific policy that the

      11      Governor has called for, regarding a statewide

      12      uniform use-of-force policy.

      13             PATRICK J. LYNCH:  Yeah, well, it ignores --

      14      well, I would be against it, and I'll tell you why.

      15             It's -- it doesn't -- it's a solution in --

      16      and looking for a problem, as they say.

      17             The New York City Police Department is the

      18      best trained in the country.  We have the best

      19      training.  We're the most restrained in the country.

      20      We're the most interactive with the community of any

      21      place in the country.

      22             So, to say there needs to be a standard as if

      23      we're doing something wrong, and that's the problem

      24      that runs through all of the pieces of the

      25      legislation and proposals that we're talking about,







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       1      it starts from the point of view that police

       2      officers are doing wrong on a regular basis.

       3             And that's just not the facts, and the

       4      numbers don't speak to that, at all.

       5             You can go across the country and try to

       6      compare other departments to the NYPD.

       7             We're -- we're --

       8             SENATOR GALLIVAN:  Point well-taken, so let's

       9      move on for the sake of time.

      10             PATRICK J. LYNCH:  Fair enough.

      11             We're meeting that goal.

      12             Thank you, sir.

      13             SENATOR GALLIVAN:  One other area.

      14             PATRICK J. LYNCH:  Yes.

      15             SENATOR GALLIVAN:  We all -- I think it's

      16      safe to say that all of us up here, in the room, the

      17      Commissioner testified a little bit to it, you

      18      alluded to a relationship with the public, have a

      19      concern about police-community relations.

      20             In your view, sitting there representing the

      21      officers across all the boroughs of the city, where

      22      do police-community relations now stand, in your

      23      eyes?

      24             And, can it be better improved?  And if so,

      25      how?







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       1             And going one step further, how can we be

       2      helpful?

       3             PATRICK J. LYNCH:  It can always be improved.

       4             Every -- every issue can always be done

       5      better and improved.

       6             But the community -- police-community

       7      relations are at a good place, and it has always

       8      been at a good place, and you can always improve on

       9      that.

      10             I come from a background in community affairs

      11      as well, in Williamsburg, Brooklyn.

      12             And what you do is, you'll hear the dialogue

      13      that goes on, when demonstrations that go on that

      14      are trying to paint police officers as anything but

      15      good.

      16             And that kind of permeates how people are

      17      thinking.

      18             But then when you go from community to

      19      community, and we would go to community council

      20      meetings, and you would -- you would speak to the

      21      folks, the community, and it's made up of community

      22      members, you would say, Oh, there's -- they would

      23      say:  Oh, there's a problem in the NYPD.  Well, not

      24      with my cops in my precinct.  They're terrific.

      25             Then you move to next neighborhood, the next







                                                                   163
       1      precinct, the next community council, and they'd say

       2      the same thing.

       3             So then when you finally take all those

       4      neighborhoods in which we're proud to serve, and put

       5      them together, you'll say, You know what?  They do

       6      support New York City police officers.  There is

       7      good police-community relations.

       8             The community in every neighborhood, whether

       9      it's a wealthy neighborhood or a difficult

      10      neighborhood or a financially-difficult

      11      neighborhood, each one of those people in each of

      12      those neighborhoods deserve to walk down the block

      13      in safety.

      14             You know, we as police officers, and I teach

      15      this myself to the police-academy recruits, saying:

      16             Let's not get jaded when we're standing on

      17      the corner dealing with that drug dealer, or, a

      18      criminal on that corner.  Don't be jaded and think

      19      everyone's like that, because they're not.

      20             Think of, while you're focused on that

      21      person, think of the person that just left their

      22      apartment, walked behind you, walked to the subway,

      23      went off to work, they're trying to put food on the

      24      table just like we are.  Spends their day at work.

      25      You don't seem them till the 4-to-12.  They walk







                                                                   164
       1      back from the subway, back to their family, back to

       2      their apartment.

       3             Those people?  They appreciate New York City

       4      police officers, because while they walk behind us

       5      and we're dealing with that criminal, they realize

       6      we're standing between the good hard-working people

       7      in every one of our neighborhoods and the criminal

       8      that tries to destroy what we're doing.

       9             So that's what we find when we talk to the

      10      folks out there in the neighborhood.

      11             The poorest communities need the police the

      12      most to make sure they're safe.  And they are

      13      entitled to it.

      14             SENATOR GALLIVAN:  Thank you.

      15             PATRICK J. LYNCH:  Thank you, Senator.

      16             SENATOR NOZZOLIO:  Thank you very much for

      17      your very helpful suggestions.

      18             That the members of this Joint Legislative

      19      Committee decided to go about and conduct these

      20      hearings for the very purposes that you're

      21      mentioning.

      22             First and foremost, when we talk about the

      23      precipitous, significant drop in violent crime of

      24      New York City, and New York State, of any state in

      25      nation, you were likely to be Officer Lynch at the







                                                                   165
       1      time.

       2             And I want to thank you, your colleagues; and

       3      please convey that message from our

       4      State Legislature, to you, and to your organization.

       5             PATRICK J. LYNCH:  Senator, thank you.  And

       6      I appreciate those comments.

       7             SENATOR NOZZOLIO:  We're here to let you know

       8      that we appreciate the job you've done.

       9             We want to provide you with the tools to make

      10      sure you're safe as you make the public safe.

      11             And that is, first and foremost, the mission

      12      of this Task Force.

      13             PATRICK J. LYNCH:  And we appreciate it.

      14             We look forward to a dialogue, and working

      15      with you on it.

      16             SENATOR NOZZOLIO:  I won't belabor questions,

      17      all of my colleagues want to ask, but let me focus

      18      on one question; and that's, whether you support or

      19      reject, and, articulate if you reject it, the

      20      concerns that you may have regarding the Governor's

      21      proposal of establishing what's so-called

      22      "independent monitor" over grand juries that

      23      investigate police-officer conduct.

      24             And I'm not talking about internal-affairs

      25      conduct.







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       1             I'm talking about in-the-line-of-duty

       2      conduct.

       3             PATRICK J. LYNCH:  We oppose that.

       4             And the reason for it is, there's oversight

       5      upon oversight, that New York City police officers.

       6             There's no profession, and there's no

       7      department within that profession, that has the

       8      number of and amount of oversight that New York City

       9      police officers have.

      10             If the citizens feel like they're not being

      11      served, there's a number of different areas in which

      12      they can go to to complain.

      13             And we went over, in earlier testimony with

      14      the Commissioner, the different levels of monitors

      15      and IGs and federal monitors, internal affairs,

      16      the district attorneys.  On the federal level

      17      there's a number of levels there.

      18             It's duplicative.

      19             And all we ever ask for is fairness in the

      20      process.

      21             If there's a problem with that process, let's

      22      fix it.  Let's not just try to solve it by putting

      23      more oversight and more process on it that doesn't

      24      get to the core of the issue, when we already have

      25      that.







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       1             Plus, it also creates a problem with

       2      priorities.

       3             Each one of these become a cottage industry

       4      that needs money to create, to rent, to hire.  And

       5      that takes money away from the city coffers that can

       6      be better used in helping New York City police

       7      officers protect them, and other priorities which

       8      I believe are more important.

       9             SENATOR NOZZOLIO:  And the issue of closure,

      10      and I don't want to belabor this issue, but, to me,

      11      that was something lacking here as well: that the

      12      officer really doesn't know when the case is closed.

      13             PATRICK J. LYNCH:  That's right.

      14             And they feel like, even though, technically,

      15      maybe not, they feel like it's double jeopardy.

      16             We go through this process, and we may be

      17      exonerated, or unsubstantiated, then there's another

      18      level.

      19             It feels like it's a "gotcha."

      20             We have to get rid of the "gotcha"

      21      discipline.

      22             Investigate it.  We're not saying don't

      23      investigate an allegation.

      24             Investigate that allegation.  Do it fairly,

      25      because we're citizens as well.  Don't put us in a







                                                                   168
       1      separate justice system, or separate rules for us.

       2             We want the same rights that we protect on

       3      the street every day for everybody else.

       4             SENATOR NOZZOLIO:  Thank you.

       5             PATRICK J. LYNCH:  Thank you, Senator.

       6             SENATOR NOZZOLIO:  Based on the list we have,

       7      Senator Marcellino, Senator Sanders, and

       8      Senator Hassell-Thompson.

       9             Anyone else wishing to speak?

      10             SENATOR LANZA:  [Raises hand.]

      11             SENATOR PERKINS:  I had made a request

      12      earlier.

      13             SENATOR NOZZOLIO:  Senator Perkins.  And,

      14      Senator Lanza.

      15             Seems like our entire Panel.

      16             Senator Marcellino.

      17             SENATOR MARCELLINO:  Thank you for coming

      18      down.

      19             PATRICK J. LYNCH:  Thank you, Senator.

      20             SENATOR MARCELLINO:  My voice to the people

      21      who -- thank you to the men and women of the

      22      New York City Police Department.

      23             For that matter, I represent Nassau, so

      24      I have to take those police departments into

      25      consideration as well.







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       1             Anybody willing to put their lives on the

       2      line on a daily basis to protect their neighbors

       3      I think are in line for our credit and our support.

       4             The Commissioner raised an issue about extra

       5      equipment that they want to put with the police

       6      officer on the beat.

       7             He mentioned, obviously, iPhones that we're

       8      going to go into, and he mentioned cameras that are

       9      going to be worn, and probably are being worn at the

      10      present time by some police officers.  He's talking

      11      about computers that can be removed from cars and

      12      taken with them.

      13             And it went on, the list.

      14             Is that just too much?

      15             PATRICK J. LYNCH:  You know, it -- there's

      16      nothing that prevents crime better than a

      17      New York City police officer standing on our street

      18      corner.

      19             We cannot make crime go away with technology.

      20             Some technology is extremely important, and

      21      we understand that and we support that.  And we

      22      always support the training aspect of it.

      23             But if we don't have the police officers, it

      24      doesn't replace.

      25             For instance, a camera on the corner or on







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       1      your chest doesn't stop a crime.  It may solve a

       2      crime down the road, but our police officers are

       3      [unintelligible] present.

       4             We want to stop the crime before it happens.

       5             We need to do that.  We should be focusing on

       6      the staffing, and the training of our members.  Not

       7      for issues that try to cover up for the fact we

       8      don't have enough of us on the street to effectively

       9      do the job, back to Senator Golden's, where you see

      10      those spikes going on.

      11             It may just -- a few numbers, they say.  It's

      12      just a few numbers.

      13             Well, that's a few lives, it's a few rapes.

      14             Well, that's a few people that were sexually

      15      assaulted.

      16             Those few, those numbers, are our family

      17      members.

      18             So we need the staffing there.

      19             The most effective crime-preventer is a

      20      New York City police officer.

      21             The most effective community-relations person

      22      is a fully trained police officer on the corner.

      23             So I think we need to focus on that first,

      24      and then look on the other issues.

      25             SENATOR MARCELLINO:  Your concerns, or your







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       1      consideration, for the recommendation before, about

       2      bulletproof glass in patrol cars.

       3             The Commissioner wanted panels --

       4      bullet-resistant panels put in the doors.

       5             PATRICK J. LYNCH:  Right.

       6             SENATOR MARCELLINO:  The union's concerns?

       7             PATRICK J. LYNCH:  Yeah, we're all about the

       8      safety.  We look at all of those aspects.

       9             We think the more layers of safety we have in

      10      protection the better we are from it, so I think we

      11      should try to go about doing both -- both of them.

      12             What we -- we always look at in the police

      13      department, is if it's a budget piece.

      14             I think that it's important that we realize

      15      that the public safety and police officers on the

      16      street is what puts the money in the coffers of the

      17      city, and the state as well.

      18             That safety factor you cannot overestimate.

      19             One time there was -- tourism was down in the

      20      city, for obvious reasons.

      21             It's not now.  That brings money.

      22             Businesses that want to do business here,

      23      residents that want to live here, that's all goes to

      24      the tax base.

      25             So I think we should do everything we can to







                                                                   172
       1      make our police officers safe so we can effectively

       2      serve the public as well.

       3             And I think that also goes to the bottom

       4      line, so we shouldn't always look at, it a will cost

       5      this much, we can't do it.

       6             Well, because the dividends will be paid

       7      moving forward if we do equip and train our police

       8      officers, to help them be safe, so we can help you

       9      to be safe, Senator.

      10             SENATOR MARCELLINO:  I appreciate your

      11      comments.

      12             And I just wanted to state for the record,

      13      that Senator Golden had mentioned before, that if he

      14      was in a police car with Senator Hassell-Thompson,

      15      that they might be -- I have no doubt that

      16      Senator Hassell-Thompson would have protected

      17      Senator Golden.

      18                  [Laughter.]

      19             PATRICK J. LYNCH:  It was at your expense.

      20             SENATOR NOZZOLIO:  Senator Perkins.

      21             SENATOR PERKINS:  Thank you.

      22             I want to acknowledge, as you pointed out

      23      earlier, that we are here today with memories of

      24      Officers Ramos and Liu in our hearts.

      25             PATRICK J. LYNCH:  Yes, sir.







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       1             SENATOR PERKINS:  But I would also like to

       2      say that we remember with equal passion and

       3      solemnness so many that have died as a result of

       4      excessive actions of police officers, such as

       5      Eric Garner, Sean Bell, Amadou Diallo, Abner Louima,

       6      Patrick Dorismond, Tony Baez; and in particular,

       7      I am concerned about those who were a part of the

       8      "Central Park Five."

       9             My neighbors, who -- young men that were

      10      falsely accused of the "Central Park jogger rape"

      11      case.

      12             And it turns out that, having suffered the

      13      false confessions; and, therefore, imprisonment,

      14      those young men spent a lot of time in prison.  And,

      15      ultimately, evidence proved that they were coerced

      16      into confessions of guilt.

      17             So incidents like that, especially, do a lot

      18      to harm the community's perception of the good work

      19      and the good intentions of the police.

      20             It's hard very often to restore that kind of

      21      faith and concern and support.

      22             I believe that, in some instances, those

      23      confessions should be videotaped; so that,

      24      therefore, they can come with some integrity; and,

      25      therefore, help restore some of the confidence and







                                                                   174
       1      trust that the community wants to have and should

       2      have by those who are -- [unintelligible].

       3             So I wanted to understand your position about

       4      the videotaping of interrogations as a tool, that

       5      could be, I believe, an opportunity to bring some

       6      faith and some trust in terms of the techniques and

       7      tactics of the police.

       8             PATRICK J. LYNCH:  First off, we'll

       9      respectively agree to disagree on some of your

      10      statements, sir.

      11             But the part of videotaping confessions is

      12      better asked of those that -- detectives.

      13             I represent police officers, white-shield

      14      police officers, on the street that really aren't in

      15      that realm.

      16             So someone else might be better able to

      17      answer that particular question.

      18             SENATOR PERKINS:  You don't think that that

      19      process has any bearing on people's perception of

      20      the police --

      21             PATRICK J. LYNCH:  But anytime with a

      22      perception, the perception and reality, whether it's

      23      true or not, and I don't want to give a false answer

      24      to something that I'm am not an expert in, quite

      25      frankly.







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       1             There's others that do that job, and they may

       2      have a better answer, and a policy might affect

       3      their members more than mine.

       4             SENATOR PERKINS:  Okay, thank you.

       5             PATRICK J. LYNCH:  Thank you, sir.

       6             SENATOR NOZZOLIO:  Thank you,

       7      Senator Perkins.

       8             Senator Sanders.

       9             SENATOR SANDERS:  Thank you, Mr. Chair.

      10             Good to see you; good to see you all.

      11             PATRICK J. LYNCH:  Good afternoon, Senator.

      12             SENATOR SANDERS:  I also want to throw in the

      13      name Clifford Glover.  I don't want young Clifford

      14      Glover to be forgotten.

      15             First let me say that, I, in my local

      16      community and other communities, we actually aid to

      17      police; not just by word, but we're out there on the

      18      front line with you guys.

      19             PATRICK J. LYNCH:  And that's important.

      20             SENATOR SANDERS:  I have helped people turn

      21      themselves in.  And, I have helped identify folk who

      22      should have been brought to justice.  And I make

      23      no -- I'm not ashamed of that.  I'm very proud of

      24      that.

      25             PATRICK J. LYNCH:  Nor should you be.







                                                                   176
       1             SENATOR SANDERS:  I think that anyone who

       2      breaks the law should take whatever goes with it.

       3             My sympathies are for the victims.

       4             I have very little sympathy for people

       5      selling poison.  I very little sympathy for people

       6      hitting grandmothers upside the head, and doing all

       7      this other stuff.

       8             I -- you know, perhaps it's my Marine Corps

       9      background.

      10             PATRICK J. LYNCH:  No doubt, honorably.

      11             SENATOR SANDERS:  Yeah.

      12             So we -- you know, so I'm not your

      13      run-of-the-mill liberal.

      14             There is a problem with the police and the

      15      community, my friends.

      16             If we don't see that, we are -- what we're

      17      doing by this is allowing criminals shelter.  We're

      18      allowing them to hide behind bad feelings that have

      19      been come about, and people won't speak.

      20             This "broken-window," this stop-and-frisk,

      21      I agree with you, we're -- maybe at a point they

      22      were smart strategies, but after a while, the point

      23      of declining value was reached.  It became stupid

      24      strategies, where, if you take any hundred people

      25      and turn them upside down, five or six of them,







                                                                   177
       1      something's going to come out of their pockets that

       2      shouldn't be there.

       3             However, however, you made 95 guys who are

       4      saying that "I was mistreated."

       5             It's a bad policy.

       6             A better policy, we do have to attack the

       7      question of adequate policing, which I agree with

       8      you is at the basis of much of this.

       9             It forces the police department into what

      10      I call "drive-by policing"; where, you drive by, you

      11      see a group of people, you grab them, you shake them

      12      up because something's going to come out of one or

      13      two of their pockets, et cetera.

      14             But, we really have a problem.

      15             Let me ask you -- first of all, let me say,

      16      I am so in agreement with you on most of the things

      17      that you said, sir, and we'll come back to that

      18      point of agreement.

      19             But let me go a step further.

      20             In days gone by, I have been endorsed by the

      21      PBA, and I look forward to being endorsed again.

      22             So I'm not here as an anti.  I'm here with

      23      great love and admiration.

      24             But at the same time, the truth is the truth,

      25      and we all should figure out what it is and obey it.







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       1             Maybe by asking two or three questions, we

       2      can come to certain truths.

       3             PATRICK J. LYNCH:  Fair enough.

       4             SENATOR PERKINS:  And this -- this myth of,

       5      Pat Lynch, the bad guy, we're going to dissolve that

       6      myth today.  We're going to do it right here in this

       7      place, because we're going to give you a chance to

       8      really state who you are, and what you believe in.

       9             Let me start with this one, easy question:

      10      Are there any bad apples in the NYPD?

      11             PATRICK J. LYNCH:  The NYPD is no different

      12      than any other profession in any other world, in any

      13      other country, in any another city.

      14             SENATOR SANDERS:  Including politicians?

      15             PATRICK J. LYNCH:  In -- well, okay.

      16             Yes.

      17             Every, every occupation has them.

      18             But, with politicians, it's wrong to say that

      19      all of you are bad.

      20             SENATOR SANDERS:  I agree.

      21             PATRICK J. LYNCH:  And it's also wrong to say

      22      that all police officers are bad.

      23             And it's also wrong to blame the individual

      24      police officer for a policy that we didn't have a

      25      hand in creating.







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       1             And that's what I think part of the problem

       2      is.

       3             And we've been very vocal.  Sometimes it gets

       4      lost in the discussion.  Sometimes it gets lost in

       5      those may want to discuss it as something different

       6      than it was.

       7             But we were the first to come out and say

       8      this policy will pollute.  The policy is not the

       9      stop, question, and frisk, because that's a real

      10      tool.

      11             Stop, question, sometimes frisk, is a real

      12      tool, and we're not afraid to articulate why we made

      13      that stop, and we should articulate that reason.

      14             But, when you put a quota on it and say,

      15      "Kid, we need five; and if you don't, you're

      16      disciplined," that's the problem.

      17             And that didn't get addressed.

      18             SENATOR SANDERS:  All right, I --

      19             [Technical difficulties/video and audio

      20      lost.]

      21             -- that many people in this city felt that,

      22      when many police turned their backs on the Mayor,

      23      that it was, in essence, felt like they were turning

      24      their backs on the city, or many parts of the city.

      25             And, incidentally, as a marine, if we turned







                                                                   180
       1      our backs on the commander general, we would be

       2      breaking big rocks into little rocks.

       3             I can't even dream of turning my back on the

       4      commanding officer.

       5             But are you aware -- this is not the

       6      Marine Corp, I can see this -- are you aware, sir,

       7      that many people felt it was that, those police, and

       8      not all police, but those police were turning their

       9      backs on a whole segment of the community which felt

      10      in a different way.

      11             PATRICK J. LYNCH:  I can see, and

      12      I understand, that that may be that perception, but

      13      that's not the reality or the message that was

      14      intended that day.

      15             That message was, those who attack New York

      16      City police officers, those that label New York City

      17      police officers.  Not those on the street that are

      18      going about their business, doing their job, in any

      19      segment of any community across the city.

      20             That was not any intention or thought

      21      whatsoever.

      22             It's a very emotional time, and we do have a

      23      right, also, to express ourselves.

      24             Some folks think -- and I'm an advocate for

      25      police officers, and I proudly do that job whether







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       1      I get criticism or not.  That's my job.  And our

       2      members have a right for me to speak on their

       3      behalf.

       4             So when I'm speaking, I'm speaking on their

       5      behalf, to be able to say:  There's a problem here.

       6      We need to draw attention to it.

       7             The dialogue needs to say, that:  Folks are

       8      safe because of police officers.  Folks can walk

       9      down the street and the city is not what it was

      10      because of police officers.  And it's because of

      11      police officers working with our communities out

      12      there, each and every day.

      13             And that still goes on, and has gone on.

      14             SENATOR SANDERS:  I was going to add that

      15      last point, that -- we're safe because the police

      16      and the community have joined hands against crime.

      17             And that is the danger I was suggesting that

      18      this is happening; that those hands are not joined

      19      as firmly as we need them to.

      20             Let me take an issue that some people have

      21      raised.

      22             10,000 people marched.  50 people made

      23      stupid, harmful, disgusting statements; and, yet,

      24      the whole crowd is branded as -- 50 people, perhaps,

      25      say, "Kill the police," or whatever they were







                                                                   182
       1      chanting; and, yet, that whole crowd of 10,000, or

       2      whatever they are, are branded as wanting to kill

       3      the police, or whatever.

       4             Would that be -- wouldn't that be as wrong as

       5      if a few cops do something wrong and all police are

       6      blamed?

       7             PATRICK J. LYNCH:  Well, police officers,

       8      every day, police demonstrations by the thousands.

       9             No other group, no other department, does it

      10      like New York City police officers do.  And we

      11      protect the right.

      12             Most demonstrations that we're policing, we

      13      may not agree with the message that's there, but we

      14      pride ourselves on policing it.

      15             But with that, we need our leaders to be able

      16      to say, "those statements are wrong."

      17             And we want, we came out and said, those

      18      statements must be condemned.  And they weren't.

      19             We said the atmosphere on the street is

      20      getting dangerous for police officers.  And it was.

      21             And we said this may happen.

      22             SENATOR SANDERS:  I actually did make

      23      statements --

      24             PATRICK J. LYNCH:  I'm sorry, no, and I don't

      25      go down an individual line any more than, and







                                                                   183
       1      I don't expect you to come down the line of my

       2      members either, quite frankly.

       3             But we warned that the atmosphere was getting

       4      polluted, and we warned that police officers were

       5      going to get hurt, and it fell on deaf ears.

       6             And you know what happened?  Police officers

       7      got hurt.

       8             Whether it was on the Brooklyn Bridge, or,

       9      God forbid, and it did, it went to a further thing

      10      in Woodhull Hospital that day.

      11             So, that's what we warned against.

      12             It wasn't listened to.

      13             It wasn't spoken out against by all.  Not

      14      painting anyone with a broad brush, of course.

      15             But it should have been every one of us.

      16             No matter what end of the spectrum, political

      17      or otherwise on, we should not be calling for anyone

      18      to be killed.

      19             No one; whether we agree or not.

      20             We should be strengthening our laws to make

      21      sure when there's threats against police officers,

      22      that it's stopped.

      23             There's a case that happened yesterday, where

      24      there's pictures of police officers with guns to

      25      their heads.  And then they didn't get disciplined







                                                                   184
       1      for it.

       2             We have defenders in the Bronx whose job is

       3      to be officers of the court, that are in videos,

       4      with guns to a police officer's head, calling for

       5      their death, in actions, as well as words.

       6             That needs to be condemned.

       7             That wasn't condemned.  That was funded.

       8             That needs to be disciplined, and it wasn't.

       9             Those are the things I'm talking about.

      10             I'm not speaking about the honest, good,

      11      working person, of any color, in any neighborhood,

      12      of any economic status, in any neighborhood.

      13             That's not what we do as police officers.

      14             But it is our role to say, This is happening.

      15      It needs to be stopped.

      16             And I'm speaking on behalf of my members.

      17             SENATOR SANDERS:  Isn't it also a fact, or

      18      could it -- let me use it a different way.

      19             Couldn't it also be said that the lack of

      20      apparent discipline to police are also driving a

      21      type of extremism?

      22             And I quote the CCRB, which gave a report,

      23      and the inspector general who also came up with a

      24      report, saying that there is little discipline

      25      coming in certain cases.







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       1             In certain cases.

       2             Those reports are new.

       3             This is not me saying this.

       4             PATRICK J. LYNCH:  I strongly disagree.

       5             We are the most disciplined department or

       6      agency in this city.

       7             Look at the numbers.

       8             When you're disciplining police officers all

       9      the time, that happens.

      10             That's part of the morale problem that your

      11      previous colleague spoke of, also.

      12             SENATOR SANDERS:  Then are you aware of what

      13      the CCRB reported?

      14             PATRICK J. LYNCH:  I am.  And it's a short

      15      report that doesn't effectively look at all of it.

      16             It talked about the chokehold policy.

      17             And we can debate whether it was a chokehold

      18      or not in Staten Island.

      19             But it looked at some cases that weren't

      20      completed.  It wasn't a complete investigation.

      21             So then to take that investigation and say,

      22      "Well, there's a problem," I think it's wrong, and

      23      I disagree.

      24             SENATOR SANDERS:  Well, I will respectfully

      25      differ with your disagreement, sir.







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       1             I think that the CCRB has been almost

       2      toothless in their -- and until recently did not

       3      have the powers necessary to go further.

       4             Now we have a new CCRB.  We will see where

       5      this comes.

       6             We will see what the inspector general, or

       7      whatever his title is, we will see these things.

       8             Now, let me end with agreements with you.

       9             Agreements.

      10             You gave seven different things.  And, I see

      11      agreement with 3, 4, 5, 7.

      12             Especially 4.

      13             Possibility of 6 in there, Number 6.

      14             But especially 4, that we certainly need to

      15      look at staffing.

      16             You couldn't possibly have community

      17      policing.  We don't have enough police to do it.

      18             PATRICK J. LYNCH:  Right.

      19             SENATOR SANDERS:  And somebody should say, we

      20      couldn't possibly do it in New York City.

      21             So all of those who want that, you either

      22      have to increase the amount of cops and change the

      23      policy, or at least stop talking about it, because

      24      you simply don't have the staff to do it.

      25             I would add with this:  I differ with you







                                                                   187
       1      that an inspector general, or an inspector over the

       2      police, would be a separate criminal justice system.

       3             I think that very -- no organization should

       4      police itself.  And the DAs, even with my friend

       5      being in here from Staten Island, the DAs are

       6      simply too close to the police.  And that we

       7      certainly need an independent monitor.

       8             Again, the points of agreement that we have,

       9      let's first things first:  Get a real number of

      10      police here, and continue the dialogue of, what do

      11      we mean by fair policing, good policing?

      12             These are good arguments that we should have

      13      after we establish a basis of what -- put your money

      14      where your mouth is.

      15             If you say that you want community policing,

      16      then give enough cops so that we can police the

      17      community.

      18             PATRICK J. LYNCH:  And I agree.

      19             And the best, when we have the proper

      20      staffing, we have police officers that staff the

      21      radio cars, we have police officers that staff our

      22      post in our schools, and the like.

      23             And that is the best community-relations

      24      officer because, we're in the street, we know the

      25      community, good and bad, and that's important.







                                                                   188
       1             But we also, on the second point, where we'll

       2      disagree, we can't just look at it as one agency and

       3      one oversight.

       4             We have to look at all the oversight that we

       5      have.

       6             We can't take one report from one agency and

       7      say, Ah ha, there it is, and then say there's not

       8      enough oversight, when we have layer upon layer of

       9      oversight, and people recommending more, sir.

      10             And thank you for your service in the

      11      Marine Corps, sir.

      12             SENATOR PERKINS:  Thank you.

      13             Thank you, sir.

      14             Thank you, Mr. Chair.

      15             SENATOR NOZZOLIO:  Thank you, Senator.

      16             Senator Hassell-Thompson.

      17             Following Senator Thompson will be

      18      Senator Lanza.

      19             SENATOR HASSELL-THOMPSON:  Thank you,

      20      Mr. Chairman.

      21             President Lynch, I'm a little bit confused,

      22      and I hope you will help me clarify this.

      23             In your statement, on page 2, you allude to

      24      the fact that the person responsible for the police

      25      murders was deranged; and, therefore, you understand







                                                                   189
       1      that -- you understand that set of circumstances.

       2             But then you go on to say, "But no matter how

       3      mentally unbalanced he may have been," you later

       4      infer that "narratives by elected officials and some

       5      others," you almost infer that we're responsible for

       6      helping to drive that.

       7             And I resent it; I have to tell you that

       8      I do.

       9             PATRICK J. LYNCH:  I understand.

      10             SENATOR HASSELL-THOMPSON:  And I resent it

      11      because, those of us in the elected body have called

      12      for a review of stop-and-frisk, not because we don't

      13      believe that it's a good tool, but it is very

      14      difficult for us to believe that, with 55,000

      15      arrests, that the numbers of verified incidences are

      16      so minuscule, that 55,000 Black and Brown young men

      17      being arrested, having ongoing police records, is

      18      not a good enough tool to be able to advance what

      19      the police department believes is an accurate tool.

      20             So we're not saying that you throw out the

      21      baby with the bath water.

      22             But we're saying, somehow, the use of that

      23      tool is disadvantaging some ethnic populations

      24      within the city that you're responsible for

      25      protecting.







                                                                   190
       1             Also having said that, your concerns that you

       2      raise about the policy, the illegality of your

       3      requirement to reach quotas as a result of that is

       4      what's driving, because that's what you also infer,

       5      is driving police officers to come down on these

       6      numbers in the manner that they are.

       7             But it's interesting to note that nobody

       8      voiced the illegalities of those until after the

       9      Legislature called for this investigation.

      10             There's no way that we can know that you're

      11      being forced to carry out a policy that even you

      12      believe is driving you in a direction that is

      13      helping to foster the very atmosphere that you're

      14      trying to blame everybody else for today, and negate

      15      to include your police officers in that atmosphere.

      16             PATRICK J. LYNCH:  Ma'am, we were one of the

      17      first ones to come out and say the quota is the

      18      problem and it needs to be addressed.

      19             That police officers are being made to make a

      20      numerical number of stops, and being disciplined and

      21      their livelihoods threatened if they do not meet.

      22             We were the first ones to say that.  And we

      23      were the first ones to say that it's polluting the

      24      relationship in every neighborhood that we serve.

      25             So, I respectfully say my words were spoken







                                                                   191
       1      towards that quota, strongly, when no one was

       2      listening.

       3             And then we finally, with the help of many in

       4      this room, got that law passed.

       5             And that was the issue in the stops.

       6             The stop, question, and sometimes frisk is a

       7      tool.  It should be used in policing.  It should be

       8      used constitutionally.

       9             We believe that, and we should articulate why

      10      we make that stop.  We're not afraid to do that.

      11             But when the police officers are constantly

      12      beaten down and made to get a number, and it's not

      13      just on the stop, question, and sometimes frisk.

      14      It's also summonses, it's also collars.  That

      15      polluted the thing.

      16             So I think we agree on some, and disagree on

      17      others, ma'am.

      18             SENATOR HASSELL-THOMPSON:  The other thing,

      19      the other piece I think that is somewhat disturbing,

      20      too, is that when you -- I think earlier we heard

      21      the Commissioner talk about, and somebody raised the

      22      question, of the relationship of a police officer

      23      and attitude.

      24             It was more about attitude of the police

      25      officer when they make a stop and they make an







                                                                   192
       1      arrest.

       2             And I continue to hear the brass say that --

       3      or give the impression, that the police officers

       4      were within this right to make the stop and

       5      whatever.

       6             And while I may not disagree with any of

       7      that, my concern is, I get too many reports in my

       8      office, when you are stopped, you are not told why

       9      you are stopped.

      10             What in your -- what in the Constitution,

      11      what in your book of rules, disallows you from

      12      telling the citizen why they're being stopped?

      13             Because, in most of the incidences, it's:

      14      I can do what I want to do.  I can stop you and you

      15      can't -- you can't do anything about it, you can't

      16      say anything about it.  I don't have to tell you why

      17      you're stopped.

      18             And that's part of what ignites the kind of

      19      disrespect and disregard that you see.

      20             And I know that this is the case.

      21             I've been personally involved.  And,

      22      certainly, the reports that I get in my office are

      23      stemmed from that kind of attitude and behavior.

      24             Nobody questions it if you're wearing the

      25      badge.  You're the sheriff, nobody questions that.







                                                                   193
       1             What we do question is the constitutionality

       2      of whether you have a right to stop me when it

       3      appears that I have done nothing to break the law,

       4      and where is my right to ask you, and expect a

       5      response, when you do stop me?

       6             PATRICK J. LYNCH:  Some folks do question

       7      that we're the sheriff because we have the shield on

       8      our chest, and that does happen on the street as

       9      well.

      10             And it then goes back to that quota system

      11      that polluted that relationship, the climate we're

      12      working in which makes things turn into

      13      confrontation rather than discussion and dialogue.

      14             And that's what I've been talking about

      15      throughout this thing, is about the climate that

      16      creates problems on the street.

      17             And then policies or laws that don't address

      18      the core of the problem, but look at everything else

      19      and then try to have it land on the individual

      20      police officer.

      21             SENATOR HASSELL-THOMPSON:  You cannot have it

      22      both ways, President Lynch.

      23             PATRICK J. LYNCH:  But we can have a dialogue

      24      on what problem is and how we solve that problem.

      25             SENATOR HASSELL-THOMPSON:  And I want us to







                                                                   194
       1      continue that dialogue because, certainly, as

       2      somebody who is supportive, I mean, I have

       3      five precincts in my senatorial district.  I am

       4      known to all of my commanders and to most of my

       5      officers.

       6             I make it my business, when the new commander

       7      is assigned, that I make it clear that I am

       8      supportive of the work that they do in the

       9      community.

      10             But I am also very clear that I will not

      11      allow, in the performance of their duty, the

      12      constitutional rights of my constituents to be

      13      violated.

      14             And so that, in order for us to come to the

      15      meeting of the minds, I do everything that I can to

      16      foster those kinds of relationships, but it

      17      continues to be very difficult for me when the

      18      police officer is the bad sheriff.

      19             And in certain precincts, the numbers of bad

      20      sheriffs are higher than they are in other

      21      precincts.

      22             PATRICK J. LYNCH:  And I think --

      23             SENATOR HASSELL-THOMPSON:  And I want to tell

      24      you that it is hard for us to believe, for those of

      25      us who represent large ethnic populations, to







                                                                   195
       1      believe that that is accidental.

       2             I happen to represent a community in the city

       3      of Mount Vernon with one precinct, 92 different

       4      languages.

       5             And I keep repeating this because it is

       6      important for people to understand that almost every

       7      culture, every language, across the world is being

       8      spoken in my neighborhood every day.

       9             And I know that there are people who run the

      10      gamut of respect for, as well as fear for, the law

      11      that enforces that community.

      12             PATRICK J. LYNCH:  And my department, which

      13      I proudly serve and work, also speak those same

      14      languages, also live in those same neighborhoods;

      15      60 percent in the neighborhoods, and all the police

      16      officers don't look like me.  But they're out there

      17      serving the communities, color-blind.

      18             And that gets lost sometimes in discussion

      19      that's there.

      20             It gets lost sometimes, again, it's looked at

      21      the police officer.

      22             When another agency or policy doesn't work,

      23      it lands on the shoulder of the police officer to

      24      deal with on the corner.

      25             We need to equip and support them, and







                                                                   196
       1      understand, also, the atmosphere and the climate in

       2      which they're working, ma'am.

       3             SENATOR HASSELL-THOMPSON:  Thank you,

       4      Mr. Chairman.

       5             PATRICK J. LYNCH:  Thank you, Senator.

       6             SENATOR NOZZOLIO:  Thank you, Senator.

       7             Senator Lanza.

       8             SENATOR LANZA:  Thank you, Chairman.

       9             Great to see you, Mr. Lynch; President Lynch.

      10             It's always difficult to follow my good

      11      friend, Senator Hassell-Thompson.  She is such an

      12      intelligent and articulate member of this body.

      13             President Lynch, there's been discussion

      14      today concerning the incidents with police officers

      15      turning their back.

      16             And, I respect the conversation, and the fear

      17      with respect to what message that may have sent.

      18             And without commenting on that, I want to say

      19      this:

      20             I have talked to many police officers, many

      21      of whom, as I've said before, are close personal

      22      friends.

      23             There was this feeling that certain city

      24      leaders turned their backs on them first.

      25             And I have to tell you, as an observer,







                                                                   197
       1      that's what I saw too.

       2             And so I'm concerned that that sent just as

       3      dangerous a message as what the police officers did.

       4             And, so, that is why I think this dialogue is

       5      important, because there are some who see it only

       6      one way, and there are some who see it only the

       7      other way.

       8             And I think it's important for all of us, as

       9      elected officials, and the police department, and

      10      that's what you've offered to us, is to continue

      11      this dialogue and this discussion with the Mayor and

      12      the elected officials, and that's vitally important.

      13             So I want to thank you for that.

      14             PATRICK J. LYNCH:  Thank you, Senator.

      15             SENATOR LANZA:  Your comments concerning the

      16      quota system, and the fact that they polluted or

      17      created a wedge between the police department and

      18      the community, is very -- it makes a lot of sense to

      19      me, and it's something I've heard before.

      20             And, I listened very attentively to what

      21      Senator Hassell-Thompson said about it.

      22             And that's something that I think that we

      23      need to understand and appreciate as we go forward

      24      with respect to those issues.

      25             And what's fascinating to me about that is,







                                                                   198
       1      every single mayor has always denied the existence

       2      of quotas.  Not a single one, Republican, Democrat,

       3      has ever said they are in effect.

       4             They have all said, "They do not exist."

       5             And, of course, every one of us living in

       6      this city, every one of us, knows that that is not

       7      true.

       8             So I'm not asking for a comment.  Don't want

       9      to get you in trouble.

      10             PATRICK J. LYNCH:  I'm going to give one

      11      anyway.

      12             SENATOR LANZA:  That's a fascinating part of

      13      that issue.

      14             PATRICK J. LYNCH:  It certainly is.

      15             And I have 31 years on the job, and there's

      16      been a quota.

      17             They can call it "goals" and "productivity

      18      goals," they can call it what they like, but if you

      19      don't come in with a number and you're disciplined,

      20      or your evaluations are bad, or you're transferred

      21      from one tour to another, or one neighborhood to

      22      neighborhood, that's a quota.  And that's what we've

      23      had.

      24             SENATOR LANZA:  And I think that's -- that

      25      [unintelligible], that is consistent with what







                                                                   199
       1      people living and breathing in this city every day

       2      know to be the truth.

       3             Two more comments.

       4             The Commissioner said to this Panel that

       5      there was no instruction, there was no directive, to

       6      the police department, to the police on the streets

       7      during those demonstrations, not to make arrests in

       8      the face of offenses being committed.

       9             He said that did not happen.

      10             You don't have to comment.

      11             But that seems to run contrary to things that

      12      I have heard, and runs contrary to things that

      13      I have been told by people who were there on the

      14      street.

      15             And so that's something that I ask this

      16      Panel, and that I will continue now, after hearing

      17      that denial, I want to look further into that.

      18             PATRICK J. LYNCH:  And that's fair enough.

      19             And then when you look at folks taking over

      20      the Brooklyn Bridge, and folks taking over the

      21      FDR Drive, and name the road on the

      22      West Side Highway, it asks that question:  Why?

      23             SENATOR LANZA:  And I think we need to

      24      continue to ask that question, and I'm going to do

      25      that.







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       1             And, finally, I just want to say, remind you,

       2      as always, I look forward to working with and your

       3      members as we go through the, both, budgetary and

       4      legislative process in Albany, to make sure -- and

       5      all my colleagues are united here on this, to make

       6      sure that we have the criminal laws, and the police

       7      have the resources, to ensure the safety of both the

       8      police and our citizens across the city.

       9             So, thank you.

      10             PATRICK J. LYNCH:  Thank you, Senator.

      11             I appreciate that.

      12             SENATOR NOZZOLIO:  Thank you, Senator Lanza.

      13             Senator Squadron, to close.

      14             SENATOR SQUADRON:  Thank you very much.

      15             And, thank you for being here.

      16             And, thank you to your members for what they

      17      do for our communities or neighborhoods every day.

      18             PATRICK J. LYNCH:  Thank you, sir.

      19             SENATOR SQUADRON:  I'm just going quote,

      20      actually, a little bit of your written testimony,

      21      so, I hope you don't blush too much.

      22                  [Laughter.]

      23             SENATOR SQUADRON:  But, "In New York City, as

      24      in many places around the country, some elected

      25      officials and activists have advanced the narrative







                                                                   201
       1      which depicts police officers as racially biased and

       2      habitually abusive."

       3             I'll skip a little bit.

       4             "While we strongly disagree with the

       5      conclusions that have been drawn from anecdotal

       6      examples around this, which, in many cases, have

       7      been misconstrued or mischaracterized,

       8      police officers understand why this perception

       9      exists:  It's at least partially a result of

      10      policing policies that have been questioned by the

      11      communities we serve.

      12             "Police officers had no role in creating

      13      these policies.  In many cases we have actively

      14      opposed them."

      15             The reason I ask, is we have here some

      16      proposals from you that we're going to look very

      17      seriously at on the issue of police safety.

      18             And, you know, certainly, the horrific murder

      19      and the tragic loss of life of Detectives Liu and

      20      Ramos demands that we do so.

      21             There is also this piece of what's going on

      22      in the conversation that you referenced in your

      23      testimony.

      24             So I wanted to really -- I know we talked

      25      about quotas, some, but I wanted to really ask







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       1      specifically:  What policies do you think can change

       2      that perception in communities where it's strong, or

       3      among, you know, elected officials or activists, as

       4      you point out, who you think are sort of stirring

       5      the pot?

       6             PATRICK J. LYNCH:  It should go -- first, it

       7      should go back to the way it was when I came on the

       8      job, where the discretion was left in the hand of

       9      the police officer.

      10             Whether it was a summons or an arrest or some

      11      other type of action, or a UF-250, where, you went

      12      out and saw an issue, sometimes that issue can be

      13      resolved with a conversation.  It doesn't have to be

      14      a summons.

      15             Most times, in my particular precinct, it was

      16      2.7 miles wide.

      17             So if you were able to say to a kid or

      18      someone that may have made a bad choice:  Kid, this

      19      one's on me.  Tomorrow it's on you.

      20             So you let that kid go or that person go,

      21      without a record, without a summons, without a

      22      problem.

      23             Now, of course, if you see that same person

      24      doing something on your next tour or the tour after

      25      that, then so be it; then you'll take that step







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       1      because it didn't work.

       2             But when it's made to be just a number; you

       3      need a number, a productivity goal, which is a

       4      quota, and you're disciplined, you're taking that

       5      discretion away from the individual police officer

       6      and they're forced to write that summons, write that

       7      250.

       8             If we leave it in the discretion of the

       9      police officer, they'll do the job.

      10             How do we know that?

      11             Because that's, effectively, how we have done

      12      the job for many, many years.

      13             Again, it also goes back to our staffing

      14      issues, where you have to keep crime down, but if

      15      you don't have the staffing, you can't get it done.

      16             The commanders are held responsible.

      17             They come down on the police officers, and

      18      they're sent out on the street.

      19             Use the CompStat process the way it was

      20      intended:

      21             Know where the crime is.

      22             "Cops on the dots," as the Commissioner says.

      23             Give the responsibility to those police

      24      officers and the commanders.

      25             Give them the resources and staffing that







                                                                   204
       1      they need.

       2             That's where it's broken, and then it forces

       3      them to go into this quota-driven policy because no

       4      one wants to have a number that's lower.

       5             I say, if the number is lower, but the

       6      problem is solved, so be it.

       7             We're in the problem-solving business.

       8             We're not there in the numbers or the revenue

       9      business.

      10             The police department should not be looked at

      11      as a revenue-gatherer.

      12             We should be going out to solve the problem.

      13             If we can do it with a discussion, so be it,

      14      problem solved.

      15             If it takes further action, so be it, we'll

      16      take that action.

      17             But it should not be looked at as a number,

      18      and we surely shouldn't be looked at as, we need to

      19      bring in revenue.

      20             SENATOR SQUADRON:  So let me ask, then:  You

      21      know, as we see the 250s -- stop, question, and

      22      frisk, stop-and-frisk -- go from a high of high

      23      hundred of thousands down to less than 100,000 last

      24      year --

      25             And I want to just be very clear about this,







                                                                   205
       1      because it's inconsistent with what some of what

       2      I've read.  Of course, you're here to speak for

       3      yourself, which is good.

       4             -- so you think that's a positive change?

       5             PATRICK J. LYNCH:  Sure.

       6             I think the change should be left, again, to

       7      the discretion -- as my previous answer -- to the

       8      discretion of police officers.

       9             We're not afraid to say:  I see the problem,

      10      I'm going to make this stop, and I'm going to

      11      articulate why we made that stop.

      12             That's where it's supposed to be.

      13             First off, we came out against the quotas

      14      first, and that got lost in the mix as well.

      15             We also came out on the 250s, when these laws

      16      were being passed, saying:  Police officers, do it

      17      constitutionally.

      18             We said that.

      19             That gets lost as well.

      20             So, it's easy to demonize me or the

      21      organization for speaking out for my members.

      22             That's okay, that's what we do.  It's part of

      23      the process.

      24             But in reality, if you actually look back, we

      25      spoke out against them.







                                                                   206
       1             SENATOR SQUADRON:  And do you think that

       2      those of us who spoke out against those

       3      extraordinarily high numbers that you got to at the

       4      end of the last administration, those numbers are

       5      way down, crime --

       6             PATRICK J. LYNCH:  Yeah, I think the

       7      problem -- the numbers should be based on the

       8      problem, whether it's high or it's low.

       9             SENATOR SQUADRON:  Let me ask another

      10      question.

      11             PATRICK J. LYNCH:  Sure.

      12             SENATOR SQUADRON:  Do you think those of us

      13      who did that were -- I'd like to turn to another

      14      part of your quote here.

      15             You say that, "Those parties" -- talking

      16      about elected officials and leaders -- "stir up

      17      emotions in the street in order to further their own

      18      agenda."

      19             Do you now, do you believe, sort of looking

      20      at -- the point that you make, that makes a lot of

      21      sense to me, about the kind of neighborhood

      22      policing, the ability to say, "Look, that's crazy,

      23      don't do it again," as opposed to entering people

      24      into the criminal justice.

      25             Now looking at what's happened with







                                                                   207
       1      stop-and-frisk, do you look at those of us who

       2      highlighted the problem of those extraordinarily

       3      high numbers "as stirring up emotions on the street

       4      in order to further our own agenda"?

       5             PATRICK J. LYNCH:  I think part of is yes.

       6      And part of is, too, is looking at the individual

       7      police officer.

       8             If we look at a lot of the dialogue that's

       9      gone on back and forth and the vitriol that's gone

      10      on back and forth, it always ends up with

      11      "discipline the police officer."

      12             We don't make the policy.

      13             Have we ever seen -- we see numbers and --

      14      huge numbers of police officers getting disciplined,

      15      and I believe unfairly many, many times.

      16             Do the policymakers ever get disciplined?

      17             Do those that put that policy, and put folks

      18      on the streets to that follow that policy, are they

      19      ever disciplined?

      20             That's all I'm asking.

      21             Any of these processes, when I speak out on

      22      any of these issues, is about fairness.

      23             My members are entitled to due process and

      24      fairness; not separate due process because it's for

      25      a cop.







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       1             It shouldn't be that way.

       2             The system should be:  Make -- there's an

       3      accusation, investigate, and then prove it.

       4             Not accusation, investigate, prove it.  If we

       5      don't get what we want, let's change the law.

       6             SENATOR SQUADRON:  I mean, look, the idea

       7      that you have officers our there, given a directive,

       8      risking their lives in the first place, and also

       9      trying to save their career, and then they get

      10      personally attacked for it, I think it's every bit

      11      what you've described it as.

      12             PATRICK J. LYNCH:  And that's exactly the

      13      reality.

      14             SENATOR SQUADRON:  So, I just really want to

      15      get into the core of this, because I think finding a

      16      little common ground, here, you know, I asked the

      17      Commissioner what he would advise.  And he used

      18      words like, "common ground," and "dialogue, not

      19      rhetoric."

      20             In fact, today, you used some of those words,

      21      too, and I appreciate that you have.

      22             And it seems very wise, that advice.

      23             It seems like there's common ground, that,

      24      the idea that officers on the street were required

      25      for years to go out there and stop-and-frisk up the







                                                                   209
       1      wazoo, to the extent that we had nearly a million

       2      stop-and-frisks in a year, something that, you know,

       3      these elected officials and activists that, you

       4      know, clearly, prior statements, your testimony

       5      today, you've got a problem with.

       6             You, I mean, sitting here talking about the

       7      "quota" issue; certainly, communities out there on

       8      the street, you know, most importantly, those who

       9      are impacted by this, officers and communities; all

      10      agree that was bad policy.

      11             It put an unfair burden on officers.

      12             It turned communities and officers into

      13      opposition where they needn't otherwise be.

      14             So can we agree, just, again, in the

      15      interests of a little common ground today, that the

      16      vast reduction in those 250s being issued is a

      17      mutual step in the right direction that we all think

      18      is positive?

      19             PATRICK J. LYNCH:  I think the numbers should

      20      relate to the crimes that's going on.

      21             So you can't say it's too low or it's too

      22      high.

      23             What I'm saying, do it constitutionally to

      24      solve the problem.

      25             So whether it's high or low, it shouldn't be







                                                                   210
       1      based on a quota.  And none of it should be based on

       2      the "blame the cop that doesn't do the policy."

       3             SENATOR SQUADRON:  I'm not sure we quite got

       4      to common ground there, but --

       5             PATRICK J. LYNCH:  That's okay.

       6             SENATOR GOLDEN:  You didn't get your answer.

       7             PATRICK J. LYNCH:  You didn't get the answer

       8      you want.

       9             SENATOR SQUADRON:  Out of respect for my

      10      colleagues, I will not try again, but, I do hear

      11      what you're saying here.

      12             I would say, that the policies that you

      13      proposed, as I said, critical that we take a look at

      14      and take seriously, for all of the reasons that have

      15      been discussed today.

      16             PATRICK J. LYNCH:  And I look forward to

      17      discussing them with you.

      18             SENATOR SQUADRON:  And I appreciate that.

      19             PATRICK J. LYNCH:  Thank you, Senator.

      20             SENATOR SQUADRON:  It is also critical,

      21      though, that we hear from those on the ground who

      22      know what they're being pushed to do that is

      23      stirring the pot, to use your words, and how to fix

      24      that practically.

      25             And that, sometimes, a criticism of the







                                                                   211
       1      department from an elected official or an activist

       2      isn't a criticism of the officer.

       3             You know, it's always surprising to me that

       4      you can't have an elected official, an activist, and

       5      an individual officer, or the president who

       6      represents them, together saying:  Don't put us in

       7      that position.

       8             Don't put us in that position in communities,

       9      especially where young men of color were just

      10      rampantly targeted.

      11             Don't put us in that position as officers who

      12      need the trust and relation with the community to be

      13      safer.

      14             Don't put us in that situation with elected

      15      officials who are just beating up anyone we can,

      16      just so we can get listened to.

      17             I mean, don't you agree with that statement,

      18      anyway?

      19             PATRICK J. LYNCH:  And, you know, a lot of

      20      this, too, is also, when I speak out and we speak

      21      out, you have to realize that we're speaking out,

      22      going back to the feeling that Senator Lanza spoke

      23      of, but also the avalanche we see coming of the

      24      criticism.

      25             We can't look at the oversight as individual







                                                                   212
       1      oversights, we can't look at the criticism as

       2      individual criticism, because the police officer on

       3      the street is standing on the corner saying, What

       4      now?

       5             And we can't blame the cop.

       6             But in all these discussions it comes down to

       7      "discipline the police officer."

       8             30 years on the job, I'm 16 years the

       9      president, it always comes down to the discussion

      10      as, "we need more discipline."

      11             SENATOR SQUADRON:  And, look, and maybe

      12      that's the other side of it.

      13             Maybe it's, these policies, [unintelligible]

      14      the department, especially under the former

      15      administration, was driving these activities

      16      shouldn't happen.  And, when they do, or when they

      17      drive people into bad circumstances, we should look

      18      at the department and not the individual.

      19             That's an important point.

      20             I would just conclude by saying, I know that

      21      you believe that there's a certain stirring of the

      22      pot that happens from folks like those of us on the

      23      Panel and others in elected life.

      24             In my experience, for better, and sometimes

      25      for worse, those of us in elected life respond to







                                                                   213
       1      what we're hearing from our constituents, and don't

       2      create it.

       3             So I do think that there's a real danger in

       4      suggesting that some of these -- some of what we've

       5      seen out there comes from the mouths of elected

       6      officials, were that folks listen to us that much.

       7             And I don't think --

       8             PATRICK J. LYNCH:  And sometimes, and many

       9      times, union presidents also are voicing the

      10      opinions of the members who elected us, and we have

      11      a responsibility to speak for them as well.

      12             So while you're speaking for your

      13      constituents, as am I.

      14             SENATOR SQUADRON:  And I think that's

      15      actually a really important point.  I appreciate you

      16      making that.

      17             PATRICK J. LYNCH:  Thank you, Senator.

      18             SENATOR NOZZOLIO:  Thank you, Senator.

      19             And, President Lynch, you've been extremely

      20      demonstrative in your discussion.

      21             We look forward to working with you.

      22             Your proposals are concrete, and we will be

      23      addressing those, and that we look forward to

      24      working with you in the future to achieve the

      25      mutually-shared objectives.







                                                                   214
       1             Thank you very, very much.

       2             PATRICK J. LYNCH:  And thank you for

       3      considering my testimony.

       4             And thank you for the discussions that we

       5      had.

       6             And thank you for putting this joint meeting

       7      together.

       8             SENATOR GOLDEN:  We're very happy to hear

       9      that Senator Squadron will be on all these bills as

      10      we pass them around.

      11             SENATOR SQUADRON:  I look forward to a

      12      collaborative effort, Senator Golden.

      13             SENATOR GOLDEN:  Oh, it will be

      14      collaborative, all right.

      15                  [Laughter.]

      16             SENATOR NOZZOLIO:  Our next presenter is

      17      Edward Mullins, president of the

      18      Sergeants Benevolent Association.

      19             President Mullins, good afternoon, and

      20      welcome.

      21             Please, for the record, identify the people

      22      that you have brought with you at the table.

      23             EDWARD D. MULLINS:  Thomas Gearon, counsel

      24      with the SBA.  Teresa Shall [ph.], assistant with

      25      the SBA.







                                                                   215
       1             Mr. Chairman, I know you're running behind on

       2      time.

       3             If you would like, I could skip reading

       4      through the statement.  I could save you some time

       5      for questions.

       6             SENATOR NOZZOLIO:  Your testimony, which

       7      looks very extensive, we will submit that in its

       8      entirety for the record.

       9             And if you would be so kind as to summarize

      10      your concerns.

      11             EDWARD D. MULLINS:  Several concerns.

      12             We all have discussed, we talked about,

      13      summons quotas, stop-and-frisk, terrorism.

      14             As you know, right now, the city of New York

      15      is being confronted with the public report that was

      16      issued by Police Commissioner Kelly in the past.

      17             It was thrown out of federal court by a

      18      federal court judge, obviously, who found no

      19      wrongdoing on behalf of the NYPD.

      20             The report made reference to home-grown

      21      terrorists and threats, and now there's a debate

      22      whether it should be kept on a website.

      23             I think this is an area that this Committee

      24      needs to look at.

      25             The report serves several different purposes.







                                                                   216
       1             It supports the concept of, if you see

       2      something, say something.

       3             And it helps to educate the general public,

       4      and information from one of the largest police

       5      departments in the world that can be shared with

       6      police departments throughout the country.

       7             Something to consider.

       8             The topics of profiling and racial profiling,

       9      it has been a long debate of stop-and-frisk.

      10             I think it needs to be noted that the NYPD is

      11      not a racist police department, contrary to the

      12      beliefs of Judge Scheindlin.

      13             He have members in this department who were

      14      born in 106 different countries.

      15             After 11 years of police in this city under

      16      the Bloomberg-Kelly administration, the department

      17      had a 70 percent approval rating.

      18             In the past year, that approval rating has

      19      gone down to 59 percent.

      20             Now, that's not to say that there shouldn't

      21      be consideration given to the feeling and the

      22      perception that's occurring within the communities

      23      and the city.  There's ways to address those issues.

      24             But this has had an impact on policing, and

      25      it's created an atmosphere of concern for both the







                                                                   217
       1      police and the community.

       2             There's a topic within my presentation that

       3      addresses the issue of Google, who has an app known

       4      as "Waze."

       5             If you look at the app, it identifies the

       6      location of police officers.

       7             Now, this is a traffic app.  It's a pretty

       8      helpful app to identify areas of heavily backed-up

       9      roadways.

      10             But on that app it identifies the locations

      11      of where highway patrols or police officers may be,

      12      and it has the ability to identify whether the

      13      police are invisible or visible.

      14             It serves really no purpose when you think

      15      about that if the overall concept is to provide

      16      information to traffic.

      17             But we would be kidding ourselves to

      18      disregard the belief that that information is

      19      exposed to criminals, terrorists, and members of the

      20      public who are trying to get away with, you know,

      21      roadway infractions, speeding.

      22             They are harmful to public safety and the

      23      police.

      24             The issue that -- I'll just skip through real

      25      quickly.







                                                                   218
       1             We talked about terrorism.

       2             In France we saw terrorists with

       3      heavily-armed body armor, assault rifles, firing

       4      away at police officers backing up down the street

       5      who did not have the firepower to withstand such a

       6      terrorist threat.

       7             I think we need to explore the safety of

       8      police facilities should they be overrun, the

       9      readily-available weapons of assault rifles to

      10      members of the NYPD to address incidents that we

      11      have seen in France.

      12             Now, this is a sensitive topic because,

      13      really, what you're doing is you're arming police

      14      with higher-powered weapons.

      15             But, the flip side of it is, that we need to

      16      suppress an immediate threat, and that may not be

      17      readily available to the first responding officers

      18      that are on the scene.

      19             Most recently during this attack in France,

      20      you know, our secondary cycle of sending personnel

      21      to backup the emergency-service personnel and the

      22      counterterrorism people, their job is to suit up,

      23      heavily weapons, and to go to the gun lockers and

      24      get those assault rifles.

      25             Well, unfortunately, the policies in the







                                                                   219
       1      police department, certain people have keys, and if

       2      they're not available, you don't have access to

       3      those weapons.

       4             So, in many ways, we're creating a false

       5      sense of security to the members of the public.

       6             We talked a little bit earlier about, and

       7      I forget how it was presented, you know, home-rule

       8      messages and local legislation.

       9             What's occurring, and I believe it's

      10      occurring, is that, within City Council, and I'm

      11      sure in other areas of the state, the ability to

      12      create law that circumvents state penal laws and

      13      criminal-procedure laws needs to be watched

      14      carefully, because what it's doing is it's throwing

      15      off the overall concept of what the State is

      16      proposing for all law enforcement to follow

      17      throughout.

      18             A police officer from Albany who engages in

      19      any kind of action here in New York, are they

      20      falling within the guidelines of the City Council

      21      profiling bills?

      22             We don't know, but they're not aware of that

      23      up there in outside counties who respond to the

      24      city.

      25             So I think this is something where state







                                                                   220
       1      legislators can keep an eye, and watch what's

       2      occurring.  And, you know, if it's good policy

       3      overall, then it's good policy overall, but it

       4      shouldn't be designed to work around state

       5      criminal-procedure laws and penal laws.

       6             The issue of bail needs to be looked at,

       7      also.

       8             We see too many cases where judges are just

       9      releasing criminals and it's walking out the door.

      10      You see them on a consistent basis, just walking

      11      out.

      12             California has a system of bail to which

      13      there's guidelines.

      14             If you are a person who set a fire, for

      15      example, you may be an 18-year-old kid who set a

      16      fire, there's a different level of bail, as compared

      17      to if someone got hurt, several people got hurt, or

      18      if police officers are involved.

      19             It needs to be looked at, and you may want to

      20      take a look at what's existing right now in

      21      California and see if it's feasible to implement

      22      here in New York.

      23             Overall, I think a lot of the issues that

      24      have been confronting the NYPD, Pat Lynch did

      25      address.







                                                                   221
       1             These areas I think that have been left out,

       2      and if it's helpful in any way, I'd be happy to take

       3      questions in the interests of your time, or work

       4      with this Committee going forward to look at some of

       5      these areas.

       6             SENATOR NOZZOLIO:  President Mullins, I have

       7      some questions.

       8             Thank you very much for your participation,

       9      and your patience for waiting through the

      10      three hours-plus we've had so far of our hearing.

      11             First and foremost, please convey to your

      12      officers and members of your association that our

      13      purpose in creating -- the four Chairs of the Senate

      14      Investigations Committee, Crime and Corrections

      15      Committee, Civil Officers and Employees Committee,

      16      and Codes Committee -- this Task Force was to let

      17      our police officers know, including our sergeants,

      18      that we respect the job you do; appreciate the fact

      19      that the greatest drop in violent crime in any state

      20      in the history our union was here in New York State,

      21      and it was, in large part, because of the efforts of

      22      the men and women in your organization, and the

      23      organization of other police officers throughout the

      24      city in particular, but also New York State.

      25             So thank you for that.







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       1             EDWARD D. MULLINS:  Thank you.

       2             SENATOR NOZZOLIO:  Your comments and

       3      suggestions are well-taken.

       4             We will look to the Legislature in addressing

       5      them in certain ways.

       6             I want to ask you a question I asked the

       7      president of the patrolmen, that, the issue of

       8      proposal that the Governor has to place an

       9      independent, or so-called "independent," monitor on

      10      grand jury proceedings involving police officers.

      11             You may have heard President Lynch discuss

      12      his opposition to this proposal.

      13             What is your opinion?

      14             EDWARD D. MULLINS:  I think it's an area that

      15      we can explore.

      16             I know it's probably not a popular decision,

      17      but the concept of the public not having faith in a

      18      criminal justice system, law enforcement, or the

      19      district attorneys is an issue that needs to be

      20      addressed.

      21             When I hear the issue of police being too

      22      close to the district attorneys, in many ways it's

      23      somewhat offensive.

      24             When you look at law, and you look at the

      25      integrity that it's brought into the







                                                                   223
       1      district attorney's office, we're in some ways

       2      undermining them and their credibility and their

       3      integrity.

       4             But should a lawyer from another county come

       5      down to process a case, he still has to deal within

       6      the fundamental basics of law.

       7             It's not a science, but certain aspects of

       8      law, whether it be for searches and hearings and

       9      interrogations, all apply.

      10             The rule of evidence applies throughout the

      11      state of New York.

      12             But I think that it's a topic that's open for

      13      great debate.

      14             I would be interested to sit and discuss it

      15      further.

      16             And if it's something that is going to be

      17      implemented, I'd rather be part of the solution to

      18      it than to oppose it without a voice.

      19             I think that we need to speak to the

      20      district attorneys, even throughout the state, to

      21      get their opinions of it.

      22             SENATOR NOZZOLIO:  One of our prominent

      23      district attorneys, Dan Donovan, from

      24      Richmond County, is here.

      25             He's been waiting, he'll be testifying next,







                                                                   224
       1      and we certainly will ask him that question.

       2             I guess the fact that any disciplinary

       3      proceeding for a police officer, particularly in a

       4      violation of law, potential violation of law,

       5      through internal affairs, goes through that process,

       6      but then is prosecuted by that same district

       7      attorney.

       8             The district attorney does not claim to be

       9      biased then.

      10             I guess that's why I raise the question,

      11      because we're trying to seek opinion on this, the

      12      Panel wants to know.  And we appreciate your

      13      opinions, and we look forward to your insights as

      14      this develops further.

      15             EDWARD D. MULLINS:  Senator, my 34 years in

      16      the NYPD, I have worked under various

      17      district attorneys throughout the city of New York,

      18      and the relationships with the district attorneys is

      19      no way cushy and cozy.

      20             Each district attorney's office has

      21      prosecutors who specialize in prosecuting police.

      22             And the pulse and the feeling amongst the

      23      NYPD and those members is one of fear, in many ways,

      24      so the concept that's in place does work.

      25             I think that the issue is really the public







                                                                   225
       1      perception of it, and maybe we need to either fix it

       2      or educate everyone.

       3             SENATOR NOZZOLIO:  I appreciate your

       4      suggestion and point.

       5             Last question.

       6             EDWARD D. MULLINS:  Yes.

       7             SENATOR NOZZOLIO:  What I wanted to ask

       8      President Lynch about, recidivism, and the ability

       9      to retain good people in our police department.

      10             Now, you represent those officers that have

      11      risen to supervisory positions.

      12             Do you see any change in recidivism rates --

      13      I don't mean recidivism -- attrition rates?

      14             Attrition rates, that -- of people leaving

      15      the force as soon as they can, or, just simply being

      16      fed up with the position.

      17             There are some demographics here as a

      18      population aging out, as well.

      19             Any scope of attention that you've given on

      20      the attrition --

      21             EDWARD D. MULLINS:  Yeah, I think that's a

      22      problem.

      23             I don't feel that the members of the NYPD

      24      stay in this job.  I don't think that they value the

      25      job in their heart of hearts.







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       1             You know, when I listen to the

       2      United Marine Corps, they're always a former marine.

       3      They always say, "I'm a former marine."

       4             And in their recruitment materials, never

       5      once do they say "join the marines," but yet they

       6      have the highest amount of people signing up to

       7      enlist, even in wartime.

       8             Within this department, the politics and the

       9      bureaucracy wears down the members of the NYPD.

      10             I always describe it as an atmosphere that,

      11      after a while, you don't believe in what you do.

      12      You want to do the job, but you're being prevented

      13      so many ways because you're constantly scrutinized

      14      for it.

      15             And the NYPD is like playing for the Yankees.

      16      It's an honor that, no matter where you land in the

      17      world, you're a topic of conversation, you're

      18      Hollywood movies, you're all kinds of TV shows.

      19             But, yet, the members of the NYPD don't feel

      20      that, so what they do is, they move on.  They move

      21      on to other jobs to get second careers, and to move

      22      on with their everyday lives.

      23             And that's a problem.

      24             It's a problem that can be fixed, but it's

      25      going to take direct effort.







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       1             SENATOR NOZZOLIO:  Thank you very much.

       2             EDWARD D. MULLINS:  Thank you.

       3             SENATOR NOZZOLIO:  Any other questions?

       4             Senator Golden.

       5             SENATOR GOLDEN:  Thank you,

       6      President Mullins, for being here.

       7             I thought it was, "Once a marine, always a

       8      marine."  No such thing as a former marine.

       9             That's what it is.

      10             So I've got to tell you, that's Semper Fi.

      11             That's what the NYPD should be.

      12             You've got NYFD in the back there.

      13             NYFD, they turn around, it's 30, 35 years,

      14      40 years on the job.  And there's nobody running off

      15      that job, because they turn around and they respect

      16      the job that they have.

      17             And they're going to be up here testifying

      18      very, very shortly.

      19             But that job has changed, too, over the

      20      years.  But that used to be a real career job, where

      21      people stayed on it for many, many, many years,

      22      until 9/11, until we seen the tragedy of the losses

      23      of 343 firemen and 37 New York City police officers,

      24      and court officers, and so on.

      25             So we started to see lives and families







                                                                   228
       1      change, and lives change, and we've seen laws

       2      change, and city councils change, and it becoming a

       3      much tougher job today on both PD and FD.

       4             That's why we see large numbers leaving PD,

       5      I believe, is because of the low morale.

       6             What is your ratio to -- sergeant-to-police

       7      officers?

       8             EDWARD D. MULLINS:  Probably about 11-to-1.

       9      There's reduced numbers.

      10             SENATOR GOLDEN:  What should it be?

      11             EDWARD D. MULLINS:  12 years back we had

      12      nearly 5500 sergeants.

      13             We're down to about 4600 right now, so we're

      14      down nearly 1,000.

      15             The ratio of supervision should be higher, in

      16      a sense.

      17             Ideally, it's 1-in-8; one sergeant to every

      18      police officer.

      19             The department will likely tell you that it's

      20      1-in-8, but there are numerous shortages on patrol,

      21      numerous shortages when you see details.  You're

      22      supervising a lot more.

      23             And there's a difference between supervising

      24      and leadership, that will help change the culture of

      25      the department in a lot of ways.







                                                                   229
       1             So the training and the sergeants that you

       2      implement, where that ratio decreases, could help to

       3      change a culture overall.

       4             SENATOR GOLDEN:  Now, with everything going

       5      on, and you pointed that out, especially when we

       6      have seen this past 35, 40 days, where we had a

       7      number of protests, and a number of high point for

       8      tourists in the city of New York through the

       9      Christmas season, so there was a high need for

      10      manpower on the street, are your men burnt out, as

      11      well as low morale?

      12             EDWARD D. MULLINS:  The morale -- I'm not

      13      going to say that they're burnt out, but morale is

      14      terrible.

      15             After 34 years, this is probably the peak

      16      that I have seen for the worst morale in the NYPD,

      17      and this has been brewing for the past two years.

      18             It started back with the whole stop-and-frisk

      19      issue.  It's built up into the, you know, mayoral

      20      campaign, followed by the events with the protests.

      21      And, you know, eventually, the death of Police

      22      Officers Ramos and Liu.  That was the boiling point

      23      to everything.

      24             SENATOR GOLDEN:  And you also believe it's

      25      too many cooks in kitchen?







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       1             EDWARD D. MULLINS:  I think that there should

       2      be a clear policy.

       3             I really think that leaders need to step up

       4      and be leaders, and to say that "These are the

       5      policies.  This is why we do it"; and to call it

       6      what it is.

       7             And that's lacking.  That's clearly missing

       8      right now.

       9             SENATOR GOLDEN:  I seen you point out to

      10      Ebola in your testimony.

      11             Are we prepared for Ebola here in the city of

      12      New York?

      13             EDWARD D. MULLINS:  I don't think so.

      14             You know, I sit through many of these

      15      meetings.

      16             I went to Washington, D.C., to discuss the

      17      topic of Ebola with the federal government.  Sat

      18      with the Centers for Disease Control.  I got

      19      information from them, and their information was far

      20      more accurate.

      21             And at the very same time that it was

      22      occurring, we had an event right here in the

      23      30th Precinct.

      24             So, we were lacking at the time.

      25             My organization purchased almost 6,000 masks







                                                                   231
       1      and gloves to furnish to our members because we

       2      didn't have them from the department.

       3             SENATOR GOLDEN:  The municipal ID cards, have

       4      your men been trained for that?

       5             EDWARD D. MULLINS:  Not yet, no.

       6             SENATOR GOLDEN:  Is there any expectation

       7      they will be training for that?

       8             EDWARD D. MULLINS:  Yep.  There will be

       9      training.

      10             SENATOR GOLDEN:  There's a piece in there

      11      that says that the ID will be destroyed at

      12      six months.  After it is held by the New York City,

      13      they're going to destroy that; meaning, that

      14      somebody can get one, two, three, four, five cards.

      15             I don't know if you've studied that yet, but

      16      you should take look at that one piece of it.

      17             EDWARD D. MULLINS:  Okay.

      18             SENATOR GOLDEN:  If they're going to take the

      19      identification, identification should stay on record

      20      and should be available for NYPD for the future, so

      21      that we can track out these ID cards.

      22             And, we'd like to know when you are trained

      23      and members are going to be trained.

      24             And, if there's any specific training for the

      25      Ebola or the ID cards, we'd look to know about it.







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       1             EDWARD D. MULLINS:  Yes.

       2             SENATOR GOLDEN:  Are you part of the new

       3      group?  Have you been updated on the new 350-man

       4      unit that the Police Commissioner has put together?

       5             EDWARD D. MULLINS:  Yes.

       6             SENATOR GOLDEN:  And your role will be,

       7      you'll have --

       8             EDWARD D. MULLINS:  Well, it's one of

       9      awareness.

      10             Basically what we're doing is taking manpower

      11      from one place and moving them to another place.

      12      There's no additional manpower.

      13             If you go back in time, it's the old task

      14      force the NYPD had back in '70s and early '80s.

      15             They're just changing the name, offering some

      16      additional equipment, but you're really not changing

      17      anything as far as additional manpower goes.  It's

      18      manpower that's being allotted to doing something

      19      else right now.

      20             SENATOR GOLDEN:  So your guys respond to --

      21      obviously, the supervisory manpower respond to all

      22      shootings.

      23             So you would be -- shootings are up, murders

      24      are up, rapes are up; so -- and that's, every one of

      25      those issues, are large -- are 49s or large







                                                                   233
       1      communications --

       2             EDWARD D. MULLINS:  They continue, yes.

       3             SENATOR GOLDEN:  So, therefore, each one of

       4      your men and women have to respond to each one of

       5      those issues; correct?

       6             EDWARD D. MULLINS:  Correct, yes.

       7             SENATOR GOLDEN:  And are they -- have you --

       8      have enough manpower to do that?

       9             EDWARD D. MULLINS:  We're down almost

      10      1,000 sergeants from where we were 12 years ago.

      11             SENATOR GOLDEN:  Where are we on tests?  Is

      12      there a test coming up?  Or are they promoting

      13      more --

      14             EDWARD D. MULLINS:  There was a test.

      15             They're still promoting.  There are classes

      16      that are being promoted.

      17             But, your promotions sometimes just make up

      18      for the attrition, so it's not where you're really

      19      building up the numbers.

      20             So, ultimately, numbers are going to get

      21      built based on budgets that will provide for the

      22      additional numbers to --

      23             SENATOR GOLDEN:  What is your retirement the

      24      year?  Do you know?

      25             EDWARD D. MULLINS:  I'm sorry?







                                                                   234
       1             SENATOR GOLDEN:  How many people are getting

       2      out of job as sergeants?

       3             EDWARD D. MULLINS:  Our numbers are pretty

       4      frequent for retiring.

       5             I don't know the exact number of what's

       6      walking out the door right now, but our personnel

       7      does not stay.

       8             They get to their pension, and for the most

       9      part, they may do a year or two more, but then they

      10      leave.

      11             SENATOR GOLDEN:  The last question:  The --

      12      they were talking about deadly physical force in

      13      the -- a new communication by the Governor in his

      14      legislative package, to create a council that would

      15      create a set goal across the state of New York on

      16      what "deadly physical force" and "physical force"

      17      would be, and how it would be used.

      18             And they would -- there was some expectation

      19      that cities, towns, villages, and counties would

      20      adhere to the rules and regulation of the new

      21      council.  And if they did not adhere to the new

      22      rules and regulations of this council, that they

      23      would have to come up with their own set of

      24      guidelines equal or better than.

      25             I would imagine most cities, towns, villages,







                                                                   235
       1      and counties already have a criteria for

       2      stop-and-frisk -- not stop-and-frisk -- but for

       3      deadly physical force and physical force.

       4             Have you had any time to take a look at that

       5      legislation, and --

       6             EDWARD D. MULLINS:  Yeah, most departments

       7      have guidelines already in place.

       8             To be quite honest, I look at that proposal

       9      as a feel-good.

      10             We are scrutinized --

      11             SENATOR GOLDEN:  Did you read the --

      12      feel-good; do you feel that he could --

      13             EDWARD D. MULLINS:  I think it's feel-good

      14      for the public opinion.

      15             SENATOR GOLDEN:  -- the legislation

      16      [unintelligible] that it could actually say no

      17      chokeholds across the state of New York at no time?

      18             EDWARD D. MULLINS:  Yeah, but, it's --

      19      I don't agree with it.

      20             When an officer's fighting for his life, he

      21      has the right and the ability to hit you with a

      22      chair.

      23             And that's not listed anywhere.

      24             He needs to win for the purpose of protecting

      25      his own life.  He also needs to win for the purpose







                                                                   236
       1      of making the arrest.

       2             Felons don't have the opportunity to say,

       3      I'll make an appointment and turn myself in next

       4      week.

       5             So what we're doing is really disarming the

       6      police and creating hesitancy, to which, in turn,

       7      will put officers in danger as we go forward.

       8             SENATOR GOLDEN:  So when that guy's out there

       9      at 2:00, he's with his partner at 2:00 in the

      10      morning, and he has a confrontation, the closest

      11      response may be two precincts away, he or she and a

      12      partner, or if he or she is by themself, they have

      13      to defend themselves as best they can to make sure

      14      that they protect life, liberty, and property.

      15             EDWARD D. MULLINS:  That's correct.

      16             SENATOR GOLDEN:  Correct?

      17             EDWARD D. MULLINS:  That's correct, yes.

      18             SENATOR GOLDEN:  So you would have a definite

      19      problem with that legislation?

      20             EDWARD D. MULLINS:  That's correct.

      21             I mean, there's reasons for everything,

      22      there's balance to everything.

      23             But in the situation where we're going to

      24      restrict, you know, deadly physical force, the only

      25      person who is able to make that decision at that







                                                                   237
       1      time is the one that's in the middle of it, using

       2      it.

       3             And our system in place goes on for months,

       4      second-guessing and judging it.

       5             So if there is any wrongdoing, there's an

       6      ability to hold people accountable.

       7             SENATOR GOLDEN:  Thank you, Sergeant.

       8             EDWARD D. MULLINS:  Thank you.

       9             SENATOR NOZZOLIO:  Sergeant, thank you very,

      10      very much.

      11             We appreciate the testimony, we appreciate

      12      the testimony, we appreciate your written testimony

      13      and suggestions, and look forward to working with

      14      you in the months ahead.

      15             EDWARD D. MULLINS:  Thank you.

      16             SENATOR NOZZOLIO:  Thank you.

      17             EDWARD D. MULLINS:  Have a good day.

      18             SENATOR NOZZOLIO:  District Attorney Dan --

      19             SENATOR PERKINS:  Wait, wait, wait, Chairman?

      20      I have one quick question.

      21             SENATOR GOLDEN:  Sergeant Mullins, can you

      22      return to the table for just a second.

      23             SENATOR NOZZOLIO:  Your district attorney has

      24      to leave.

      25             SENATOR PERKINS:  I won't be long.







                                                                   238
       1             I just wanted to get some clarification on

       2      this question of the chokehold.

       3             Is that a -- is that -- that's a deadly

       4      tactic?

       5             EDWARD D. MULLINS:  No.  It's actually a

       6      tactic.

       7             What we have all witnessed, as far as a

       8      chokehold goes, and this could be the great debate,

       9      whether it is or isn't, my training for a chokehold

      10      was done with a baton applied to the carotic artery

      11      of a neck.

      12             SENATOR PERKINS:  The "what" artery?

      13             EDWARD D. MULLINS:  The carotid artery of

      14      your neck.  The side of your neck.

      15             SENATOR PERKINS:  Will that kill me?

      16             EDWARD D. MULLINS:  It will make you pass out

      17      within 10 to 15 seconds.

      18             SENATOR PERKINS:  How long before I die?

      19             EDWARD D. MULLINS:  Well, generally, you

      20      don't die.

      21             SENATOR PERKINS:  Okay?

      22             EDWARD D. MULLINS:  Generally, you don't die.

      23             And we'll reference the Garner case.

      24             SENATOR PERKINS:  Under what circumstances

      25      will I die?







                                                                   239
       1             EDWARD D. MULLINS:  I'm sorry?

       2             SENATOR PERKINS:  Under what circumstances

       3      does one die?

       4             EDWARD D. MULLINS:  Well, you can die if it's

       5      done improperly.

       6             You can die, that if you crush a windpipe,

       7      there's no ability to breathe.

       8             You can die, you know, from the fall if you

       9      hit your head.

      10             There's a lot of circumstances that could

      11      lead to that.

      12             But a chokehold is not part of the everyday

      13      policies of the police department.

      14             SENATOR PERKINS:  Okay.

      15             EDWARD D. MULLINS:  But in the situation,

      16      should your life be dependent upon it and you're not

      17      under the guidelines of the police department, human

      18      nature would be to fight and do whatever you could

      19      to protect your life.

      20             And in circumstances where you're involved in

      21      a life-threatening incident, that may be the only

      22      thing you have.

      23             So to create an overall ban and prohibit it,

      24      in many ways, would be detrimental to providing a

      25      safe atmosphere for police.







                                                                   240
       1             SENATOR PERKINS:  Thank you.

       2             EDWARD D. MULLINS:  Thank you.

       3             SENATOR NOZZOLIO:  Thank you very much.

       4             District Attorney Dan Donovan, from

       5      Richmond County.

       6             Thank you for your patience.  You've been

       7      here over four hours waiting for this.

       8             I know we all were awaiting your testimony.

       9             I appreciate you being here.

      10             Cyrus Vance, the district attorney of

      11      New York County, was also here for about

      12      three hours, could not stay, but he has submitted

      13      testimony for the record.

      14             Welcome.  District Attorney, thank you very,

      15      very much for your participation.

      16             DA DANIEL M. DONOVAN, JR.:  Thank you very

      17      much, and thank you for your concern about our

      18      justice system, holding this hearing.

      19             And we're all here, I think, pretty much, the

      20      same purpose.

      21             I don't have a prepared testimony.

      22             I would rather answer your questions,

      23      I guess, because it was my office that did the

      24      investigation into the death of Mr. Garner, that

      25      maybe I can give you some insights or some opinions







                                                                   241
       1      about the grand jury proceedings, in general.

       2             I am prohibited by law from speaking about

       3      the specifics of the case.

       4             I have reviewed some proposals that have been

       5      made since the decision of the grand jury, on how to

       6      have some transparency in our grand jury system.

       7             I heard some of the members of the Committee,

       8      as well as some of the members of the testifying

       9      group here, talking about the concerns, that we have

      10      to be cautious of about due-process laws and equal

      11      protection.

      12             I think the folks here are trying to have a

      13      well-thought-out conversation.

      14             I'm sure that you will do many more debates

      15      about proposals before anything is voted on.

      16             I think the three proposals that I would like

      17      to speak of, and I'll speak about anything you'd

      18      like:

      19             One is the ability that's being proposed now

      20      for a prosecutor to issue a grand jury report after

      21      a grand jury votes a no-true bill in a case.

      22             The proposal, as it stands now, applies to

      23      only cases involving a police officer and the death

      24      of a citizen in custody.

      25             Again, I think we would be cautious to see if







                                                                   242
       1      that violates any due-process laws.

       2             If it's an ability for a DA to issue a report

       3      in any case where there's a no-true bill, I think we

       4      eliminate the due-process problems and the

       5      equal-protection problems.

       6             And I certainly would have loved the

       7      opportunity to tell the public more about the case

       8      in which my office investigated, but I was

       9      prohibited by law.

      10             So I think that's something, a good proposal,

      11      if it's done properly.

      12             SENATOR NOZZOLIO:  If I may interrupt?

      13             DA DANIEL M. DONOVAN, JR.:  Certainly.

      14             SENATOR NOZZOLIO:  Current law, then,

      15      Mr. District Attorney, limits you.

      16             And the limitations deal with what specific

      17      items?

      18             DA DANIEL M. DONOVAN, JR.:  Yes, anything

      19      I can say, the entire grand jury procedure is sealed

      20      upon a no-true bill.

      21             I needed the Court's permission to tell the

      22      public that there was no-true bill.

      23             Could you imagine, if I didn't get the

      24      Court's permission, that everybody knew that the

      25      grand jury proceeding was over and I was prohibited







                                                                   243
       1      by law from saying anything?  It's like, Okay, we

       2      did it.

       3             So, I have to seek the Court's permission

       4      just to tell the public the result of the grand

       5      jury's vote.

       6             So, what the proposal for the grand jury

       7      report is, it would allow to us summarize some of

       8      the evidence without identifying the identities of

       9      witnesses, identifying identities of grand jurors.

      10             I think one of the difficulties that

      11      certainly the public might have difficulty

      12      understanding the grand jury procedure, is nobody

      13      makes movies or television shows about grand jury

      14      proceedings.

      15             They make them about trials, where a

      16      prosecutor stands in front of a jury and tries to

      17      convince them, one way or another, how they should

      18      conclude evidence, what evidence they should find

      19      credible, what evidence they should find incredible.

      20             That's not how a grand jury proceeding takes

      21      place.

      22             We present evidence, we walk out.

      23             We don't argue.  We don't sum up.

      24             And then the grand jury decides.

      25             We're not there during the deliberation







                                                                   244
       1      process.

       2             And I think one of the things that maybe a

       3      grand jury report would help us to do is explain to

       4      the public, not only the results on why a grand jury

       5      may have reached that result, because the report

       6      would come from the grand jury, not from the DA.

       7             The grand jury would vote to issue a report.

       8             It would be written by the DA's office, or a

       9      prosecutor who did the presentation, but then the

      10      jury would take it, read it, redact, edit it, and

      11      then they would present it.  They would vote to

      12      present it.

      13             So that may be a good thing, to give some

      14      transparency to proceedings that, right now, the

      15      public doesn't understand; and they don't understand

      16      it because of the secrecy of it.

      17             The fact of a monitor, I think, again, we

      18      have a problem with due process and equal protection

      19      if we're going to do this only in police-officer

      20      cases.

      21             We already have monitors in grand jury

      22      proceedings when a true-bill is voted on.

      23             A supreme court judge reviews that evidence,

      24      reviews that transcript, to make sure that it's

      25      legally sufficient for the charges that the person







                                                                   245
       1      has been charged with.

       2             We could do the same thing with a no-bill,

       3      allow a judge to look at it.

       4             Having a politically-appointed person to do

       5      that will cause us headaches that we can't even

       6      imagine right now.

       7             So I do not think that that -- although a

       8      monitor -- I don't like to use the word "monitor."

       9             Someone reviewing the proceedings, like a

      10      supreme court judge, as they do in the case of a

      11      true-bill, having a supreme court judge review a

      12      no-true bill may be a better way to go, in which

      13      somebody has oversight in the proceedings to make

      14      sure nothing was done erroneously; and at the same

      15      time, preserve the secrecy of the proceedings.

      16             The third thing I would like to speak about,

      17      in fact, nobody's really spoken about it, is the

      18      "immunity" issue.

      19             One of the things that a lot of the public

      20      has been talking about, is when we put someone in

      21      the grand jury, if you're compelled to testify, we

      22      immunize you.  You are cloaked with transactional

      23      immunity.  We cannot charge with you that crime.

      24             A lot of times we have to decide, if you and

      25      Senator Golden, we don't know which one of you is







                                                                   246
       1      the bad guy, we have to choose which one of you to

       2      put in the grand jury.

       3             We may immunize the wrong guy.

       4             The federal government, and many of our

       5      states, use "use immunity"; meaning, we can compel

       6      you to testify, but we can't use anything that you

       7      testified about against you.  But, you don't get

       8      transactional immunity.  We can still charge with a

       9      crime.

      10             So that's something that's been proposed.

      11             I was the president of the State DA's

      12      Association back in 2009, I believe it was, and that

      13      was one of our number-one concerns: getting

      14      use immunity rather than transactional immunity.

      15             And I think a lot of the people who --

      16      I can't talk about who testified in the grand jury

      17      that investigated the death into Mr. Garner, but, if

      18      there were police officers who did testify, or

      19      civilians, when they're compelled to testify, when

      20      they're issued a subpoena to come in and testify,

      21      they're compelled to testify, they are cloaked with

      22      immunity.  You could not charge any of those people

      23      with a crime.

      24             So that's something I think I would like the

      25      Panel to discuss, and maybe look into, the Senate as







                                                                   247
       1      a whole body.

       2             So I think that's some of the things that

       3      I could offer to you.

       4             And I'll answer any questions, and talk about

       5      any other issues that you would like to.

       6             SENATOR NOZZOLIO:  Thank you.

       7             Are there any procedures that you yourself

       8      engage in, when you have to deal with an element

       9      where a police officer is involved with it directly,

      10      as you had in the case you mentioned, or, other

      11      disciplinary cases before a police officer?

      12             Is there any type of extra hash marks you

      13      have to put into your equation to be able to ensure

      14      the integrity of the process?

      15             DA DANIEL M. DONOVAN, JR.:  Well, Senator,

      16      I think -- I'm not sure if Pat Lynch spoke about it,

      17      or Eddie Mullins.

      18             Each of our offices has a public-integrity

      19      bureau that specifically is segregated from the rest

      20      of our office.

      21             The reason why it's segregated, when I worked

      22      for Mr. Morgenthau in the Manhattan DA's Office, our

      23      public-integrity bureau was actually out of the

      24      building, it was in a different building, because,

      25      many times, the people who testify against police







                                                                   248
       1      officers are other police officers.  And no one

       2      would come into the DA's office and walk into a door

       3      over there that says "Public Integrity" in front of

       4      other police officers.

       5             My office has a public-integrity bureau.

       6             And, so, each of us has that, and each of us

       7      have indicted police officers.

       8             I know -- I think Pat was talking about what

       9      people think is a cozy relationship between the DA's

      10      office and the police department.

      11             I think someone even said there's a fear.

      12             I hope there's not a fear of police officers

      13      with the DA.

      14             But we've all indicted police officers.

      15      We've all prosecuted, we've all convicted, police

      16      officers.

      17             So we take those precautions and handle those

      18      cases, not differently under different laws or

      19      different procedures, but we take precautions

      20      because sometimes it's more difficult.

      21             It is difficult to get people to testify

      22      against anyone these days.

      23             It's even so much more difficult to get

      24      police officers to testify against other police

      25      officers.







                                                                   249
       1             SENATOR NOZZOLIO:  Senator Lanza.

       2             DA DANIEL M. DONOVAN, JR.:  You aren't ready.

       3             SENATOR LANZA:  I can get ready, quickly.

       4             Thank you, Chairman.

       5             Dan, District Attorney Donovan, let me just

       6      say that your expert and very reasoned suggestions

       7      to this Senate Panel, as we move forward to address

       8      and consider the many suggestions that have been

       9      made with possible legislative changes, is very

      10      valuable to us, and I want to thank you so much for

      11      that.

      12             DA DANIEL M. DONOVAN, JR.:  Thank you.

      13             SENATOR LANZA:  And if I could take personal

      14      privilege here as a Staten Islander, I just want to

      15      say, Dan, thank you, every day, for the work you do

      16      making the people of Staten Island safe.

      17             DA DANIEL M. DONOVAN, JR.:  Thank you.

      18             SENATOR NOZZOLIO:  Thank you very much.

      19             Senator Sanders.

      20             SENATOR SANDERS:  Thank you, sir.

      21             Good to see you, sir.

      22             DA DANIEL M. DONOVAN, JR.:  Good to see you.

      23             Thank you for your service to our country.

      24             SENATOR SANDERS:  Thank you, sir.

      25             Two questions, and I then I'm done, sir.







                                                                   250
       1             The first one is, you mentioned that there

       2      are few police officers who would testify against

       3      other police officers.

       4             My --

       5             DA DANIEL M. DONOVAN, JR.:  I said it's

       6      difficult, Senator.

       7             SENATOR SANDERS:  Oh, difficult.

       8             DA DANIEL M. DONOVAN, JR.:  It's very

       9      difficult.

      10             SENATOR SANDERS:  "Difficult," I'll use that

      11      word.

      12             Just the law of averages, say, that if you

      13      have a large organization, a certain amount of

      14      people are not going to uphold the finest tradition

      15      of any organization.  Just, law of averages, whether

      16      it's 5 percent, 10 percent, who knows what the

      17      percentage is.

      18             I also know that if you let a bad apple go,

      19      it's going to start riding and spreading to others.

      20             Why is it that so few police officers come

      21      and testify against, if you wish -- not so much

      22      against -- for the department, if you will, I would

      23      argue, for the department, for the highest level,

      24      for the highest standards, of the department?

      25             Why are there so few people who are coming







                                                                   251
       1      forward to stand up for the standards that we all

       2      believe in?

       3             Is it the so-called "blue wall of silence"?

       4             DA DANIEL M. DONOVAN, JR.:  I think it's

       5      similar to what you said.  It's probably true in

       6      every organization.

       7             There's probably very few Senators who would

       8      want to testify against another Senator.

       9             So I think it's just the nature of that,

      10      we're all in this together.

      11             A lot of the police officers -- when I worked

      12      for Mr. Morgenthau, and I do it now as the DA, we

      13      used to go speak to incoming recruits and the

      14      graduating classes at the police academy.  We used

      15      to tell them:

      16             Most people get jammed up, not because of

      17      something they did, but because of something in that

      18      car; that happened in that car by the person who

      19      you're sitting with.  And you have to make a

      20      decision then.  Is your family, your salary, your

      21      pension, your health benefits for your wife, your

      22      children, your husband, your kids, at risk?  Because

      23      the police department will dismiss you for failure

      24      to report.

      25             So I think a lot of members of one







                                                                   252
       1      organization put their fellow members in a very

       2      awkward, difficult situation.

       3             There's a lot of talk now, Senator, about

       4      reviewing testimony that occurred in the grand jury.

       5             And we give people who are testifying before

       6      a grand jury assurances: that no one will know they

       7      were there, no one will know who they are, and no

       8      one will know what they say, unless, of course, we

       9      have to go to trial.

      10             Those assurances are also given to police

      11      officers.

      12             We have given police officers those same

      13      assurances; police officers who have had to come

      14      into a grand jury and testify against another cop.

      15             SENATOR SANDERS:  What can we do to

      16      encourage -- and I'll take that for the Senate or

      17      any other organization -- what can we do to

      18      encourage people to understand that we have -- we

      19      have taken an oath as a high tradition that must be

      20      defended?

      21             What can we do to encourage people to break

      22      with a "blue wall of silence," or whatever wall that

      23      the Senate has, or any other government has,

      24      whatever color wall that we may have, what can we do

      25      to encourage good people to come out and say:  I am







                                                                   253
       1      not going to stand for what's wrong.  I am going to

       2      stand for what's right, and I'll take whatever goes

       3      with it?

       4             DA DANIEL M. DONOVAN, JR.:  Yeah, that's a

       5      wonderful question.

       6             I'd like to know how we do that with the

       7      police department.  I'd like to know how we do that

       8      with the public.

       9             We have this stop-snitching mentality.

      10             I had a baby, a 2-year-old, shot in the eye

      11      in a courtyard at 1:00 in the morning with hundreds

      12      of people around.  The mother's screaming, "Somebody

      13      come forward."  No one would testify of who shot her

      14      baby.

      15             So it's not just the police department.

      16             It's this whole mentality that you're the bad

      17      guy if you actually took your oath seriously and

      18      came forward.

      19             And that's true with the police department,

      20      it's true in all of our communities, this

      21      stop-snitching attitude.

      22             Maybe people call it the "blue wall of

      23      silence" when you're talking about police officers.

      24             Some of the people call it "stop snitching."

      25             We have people that show up in court wearing







                                                                   254
       1      shirts when somebody's about to testify, saying

       2      "Stop Snitching."

       3             So I don't know how we break through that.

       4             98, 99 percent of the members of the police

       5      department, 98 percent of the members of our

       6      communities, are good law-abiding people.

       7             I worked in the Manhattan's DA's Office when

       8      mothers used to put their babies in the bathtubs to

       9      sleep at night so a stray bullet wouldn't come

      10      through their window and hit their kid.  It was

      11      during the crack epidemic.

      12             So i don't know how we get past that, that --

      13      the good guys.

      14             Years ago, if looked out your window and saw

      15      somebody breaking into your neighbor's car, and that

      16      person turned around and saw you, they'd be afraid

      17      of you and they'd run.

      18             Now the person looking out the window is

      19      afraid that that person saw them.

      20             That whole tide has got to change, and the

      21      police department has got to change, and our

      22      communities have got to change in the world,

      23      Senator.

      24             I don't have the answer, but I know that the

      25      problem exists, and it's got to change.







                                                                   255
       1             SENATOR SANDERS:  I think that as I conclude,

       2      Mr. Chair, I think one of the steps toward a better

       3      police-community relationship, is when we see more

       4      "Serpicos," if you wish.  If we see more guys who

       5      are going to come out and say, You know what?  I'm

       6      going to do what's right.

       7             And when that filters down to everyday people

       8      on the ground, when they see folk who say, "I'm

       9      going to do what's right, regardless," they will do

      10      it.

      11             I know for a fact, I ran against an

      12      incumbent, who I'll be kind, I will be kind --

      13             DA DANIEL M. DONOVAN, JR.:  Andrew is not as

      14      kind to his opponents.

      15                  [Laughter.]

      16             SENATOR SANDERS:  Well, no one is as -- well,

      17      I'll be kind to Andrew.

      18             But I know that it takes people coming

      19      forward and saying, breaking with the, whatever

      20      tradition, whatever we call it, and say:  You know

      21      what?  Something is wrong here.  It's not right, and

      22      we're going to stand against it.

      23             You let average police do that and

      24      I guarantee you folk on the ground will throw away

      25      whatever problem they have and we will flock to the







                                                                   256
       1      police.

       2             Let real folk come up and say, You know what?

       3      There will be no shelter for anybody who doesn't

       4      uphold these grand traditions.

       5             DA DANIEL M. DONOVAN, JR.:  One of the

       6      difficulties dealing with police officers and the

       7      public, I protect.  I've spent millions of dollars

       8      in protecting witnesses who were courageous enough

       9      to come forward, particularly people who weren't

      10      involved in the incident or had no relationship to

      11      the victim, but just came upon and it saw it.

      12             Spend millions of dollars.

      13             I don't know how you protect a police officer

      14      who ends up doing the right thing; how that officer

      15      can work in that department again, and be useful,

      16      and actually feel good about it.

      17             So I don't -- it's almost easier with

      18      civilians than it is with police officers.

      19             SENATOR SANDERS:  I guess it's the same way

      20      we would protect a Senator.

      21                  [Laughter.]

      22             SENATOR SANDERS:  Thank you, Mr. Chair.

      23             DA DANIEL M. DONOVAN, JR.:  Thank you.

      24             SENATOR NOZZOLIO:  Senator Gallivan.

      25             SENATOR GALLIVAN:  District Attorney Donovan,







                                                                   257
       1      thank you for being here --

       2             DA DANIEL M. DONOVAN, JR.:  Good to see you,

       3      Senator.  Thank you.

       4             SENATOR GALLIVAN:  -- and, of course, for the

       5      work that you do.

       6             I represent all of four -- all or part of

       7      four counties out in Western New York, one of which

       8      is Erie County.  The current president of the

       9      association comes from Erie County, of your

      10      association.

      11             I'd like to continue the conversation that

      12      you just had about the notion about reluctant

      13      witnesses.

      14             Whether it is DA Sedita or the other DAs

      15      that I have spoken with, they talk about their

      16      number-one problem that they have, is that notion,

      17      the very real reality, of reluctant witnesses in all

      18      kinds of cases, in all kinds of prosecution.

      19             And I know that you talked a little bit

      20      about -- I mean, we focused on police, and some

      21      police are unwilling to come forward, Senators are

      22      unwilling to come forward.

      23             And you talked about the problem is much

      24      wider than that.

      25             DA DANIEL M. DONOVAN, JR.:  Yes.







                                                                   258
       1             SENATOR GALLIVAN:  So without -- without

       2      providing -- thinking of a way to try to solve that

       3      problem, the concern that I have, as we talk about

       4      the grand jury report, as we talk about perhaps

       5      increasing the level of transparency of the

       6      grand jury process, do you have concerns that that

       7      could negatively impact -- could we see even more

       8      reluctance in witnesses?

       9             And how can we protect the safety of those

      10      that come forward?

      11             DA DANIEL M. DONOVAN, JR.:  Without the

      12      assurances that we give witnesses in grand juries,

      13      that no one -- unless the case goes to trial --

      14      we're bluntly honest with people, unless the case

      15      goes to trial, no one will know who you are, no one

      16      will know you were here, and no one will ever know

      17      what you say.

      18             And a lot of times, when cases are pled out

      19      after an indictment, a lot of times, one of the

      20      reasons, or in the calculation of whether or not to

      21      plead a case out, is to protect -- [lighting on goes

      22      out.]

      23             Is my time up?

      24                  [Laughter.]

      25             DA DANIEL M. DONOVAN, JR.:  -- is to protect







                                                                   259
       1      the integrity and the identity of witnesses.

       2             If we start revealing, exposing, what happens

       3      in a grand jury publicly, you won't get anybody to

       4      testify, Senator.

       5             SENATOR GALLIVAN:  Thank you.

       6             DA DANIEL M. DONOVAN, JR.:  You're welcome.

       7             SENATOR NOZZOLIO:  Anyone else on the Panel

       8      wish to ask a question?

       9             SENATOR PERKINS:  I have a quick question.

      10             SENATOR NOZZOLIO:  Senator Perkins.

      11             SENATOR PERKINS:  Thank you for your

      12      testimony.

      13             Earlier in your testimony you mentioned your

      14      association with District Attorney Morgenthau.

      15             DA DANIEL M. DONOVAN, JR.:  Yes, sir.

      16             SENATOR PERKINS:  He was a very good district

      17      attorney.

      18             He overturned the "Central Park Jogger" case

      19      and freed the falsely-convicted "Central Park Five."

      20             And he did that on the basis of understanding

      21      that the confessions were coerced; and, therefore,

      22      were not valid, were not worthy.

      23             And in response to that, it has about

      24      recommended that we do videotaping of

      25      interrogations.







                                                                   260
       1             Have you had any thoughts on that?

       2             DA DANIEL M. DONOVAN, JR.:  Yes, sir.

       3             We actually do them on Staten Island.

       4             SENATOR PERKINS:  Can you explain how you --

       5             DA DANIEL M. DONOVAN, JR.:  They're done in

       6      one particular precinct.

       7             Anybody who is going to be videotaped is

       8      brought to the 122 Precinct in Staten Island, and

       9      that's where, actually, our borough command is

      10      located.

      11             We have a separate room where it's done, and

      12      it's done only by detectives.

      13             And right now, in the experimental stage,

      14      Senator, it's only done for certain crimes.  It's

      15      not done widespread yet because we're still trying

      16      to roll it out.

      17             Any prosecutor would love to have a

      18      confession on tape.  It removes all of those

      19      concerns, as you spoke about earlier, and I forget,

      20      actually, who you were speaking with, but I remember

      21      you asking that question before.

      22             And it eliminates a lot of that, was someone

      23      coerced? not given water? were they browbeaten?

      24             So any prosecutor, and any police officer

      25      accused of any of those things, any detective would







                                                                   261
       1      love to have that videotape -- that confession on

       2      videotape.

       3             A lot of the discussions on it is, like:

       4      When does an interrogation begin?  When do you start

       5      rolling the tape?

       6             A lot of interrogations actually begin on the

       7      street before you ever get that person into a police

       8      station or an interview room.

       9             So a lot of the debate is, like:  When does

      10      it begin?  When do you turn the camera on?

      11             But it's actually going on now in certain

      12      areas.  The police department is experimenting with

      13      it now, with our office.

      14             SENATOR PERKINS:  How many areas, or how many

      15      experiments, so to speak, are you doing it?

      16             DA DANIEL M. DONOVAN, JR.:  We're doing it in

      17      the 122 Precinct.  It's done by detectives only, not

      18      police officers; people who are trained in

      19      interrogations.  And, it's only for certain crimes

      20      right now, until they see how it works.  And then

      21      they're going to probably -- I suspect we will roll

      22      on it for any crime.

      23             Right now, it's only limited to certain

      24      crimes, just because we're trying to work out the

      25      kinks.







                                                                   262
       1             SENATOR PERKINS:  Can you share what the

       2      certain crimes are?

       3             DA DANIEL M. DONOVAN, JR.:  One is a

       4      homicide.  I believe we're doing rapes and

       5      burglaries.

       6             I think it's the three crimes; three out of

       7      the seven majors.

       8             SENATOR PERKINS:  And do you -- and you say

       9      that's only in one precinct?

      10             DA DANIEL M. DONOVAN, JR.:  But it's -- it's

      11      one precinct, Senator, but it's anyone on

      12      Staten Island.  They're just brought to the one

      13      precinct.

      14             SENATOR PERKINS:  Oh, okay.

      15             DA DANIEL M. DONOVAN, JR.:  So we don't have

      16      a room -- we have four police precincts on

      17      Staten Island, so we don't have a room at each

      18      precinct if someone's going to be videotaped.

      19             We used to bring them, and we still do a lot

      20      of times, bring them to my office, because it's more

      21      convenient and we have video capability in my

      22      office.

      23             But for that pilot program, anyone arrested,

      24      if you're arrested in the 120, 121 Precinct, you're

      25      brought to the 122 Precinct to have it done.  But,







                                                                   263
       1      it's limited to just crimes happening in that

       2      precinct.

       3             SENATOR PERKINS:  And do you have a sort of

       4      budgetary idea --

       5             DA DANIEL M. DONOVAN, JR.:  It's actually the

       6      police department's budget, sir, so I don't know.

       7             SENATOR PERKINS:  Has it increased that

       8      budget, and to what extent?

       9             DA DANIEL M. DONOVAN, JR.:  I think it's a

      10      funded mandate.

      11             SENATOR PERKINS:  It's a funded mandate.

      12             DA DANIEL M. DONOVAN, JR.:  I believe it's a

      13      funded mandate.

      14             SENATOR PERKINS:  Do you know what the funds

      15      amount might be for --

      16             DA DANIEL M. DONOVAN, JR.:  I don't, Senator.

      17             I know, in my case, we built my predecessor,

      18      Bill Murphy, actually built the room; and, so, the

      19      only funding that it costs me when we do it in my

      20      office is the staffing.

      21             SENATOR PERKINS:  So if you could find some

      22      of that -- if you can get me some of that

      23      information, I would appreciate it.

      24             DA DANIEL M. DONOVAN, JR.:  Will do.

      25             SENATOR PERKINS:  Because we're looking at







                                                                   264
       1      that, and it might be something --

       2             DA DANIEL M. DONOVAN, JR.:  I know --

       3      because, again, when I was the president of the

       4      State DA's Association, one of the things about

       5      doing it statewide, is we have 50,000 people that

       6      worked in the New York City Police Department.

       7             Some of my colleagues upstate, there's a DA

       8      and a part-time DA.  You know, there's a small

       9      police force.  And so in some places in our state

      10      it's more difficult to do.

      11             It's much easier for us to do.

      12             SENATOR PERKINS:  Right.

      13             So I guess, in your state, you have to --

      14      you're suggesting some sort of customization per --

      15             DA DANIEL M. DONOVAN, JR.:  I just hate the

      16      idea of, a good friend of mine was the DA up in

      17      Franklin County.  It was himself and, you know,

      18      two part-timers, and a handful of police officers

      19      that worked in there.

      20             For them to do that in the radius of the area

      21      that they covered, and not to have the funding for

      22      it --

      23             SENATOR PERKINS:  I guess they could have

      24      done it with an iPhone.

      25             DA DANIEL M. DONOVAN, JR.:  Yeah, I guess so,







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       1      but I think, actually, that was even before they

       2      were around.

       3             But we could get you the information about

       4      what we're doing on Staten Island --

       5             SENATOR PERKINS:  I'd appreciate that.

       6             DA DANIEL M. DONOVAN, JR.:  -- if that would

       7      be helpful.

       8             SENATOR PERKINS:  Thank you very much.

       9             DA DANIEL M. DONOVAN, JR.:  You got it.

      10             SENATOR NOZZOLIO:  Thank you members of the

      11      panel.

      12             Especially, thank you District Attorney

      13      Donovan.

      14             We appreciate your patience.

      15             We appreciate your --

      16             DA DANIEL M. DONOVAN, JR.:  I'm just blaming

      17      Jerry Kassar, so don't worry about it, Senator.

      18             Thank you.

      19             SENATOR GOLDEN:  Someone's got to blame him.

      20             DA DANIEL M. DONOVAN, JR.:  Thank you.

      21             SENATOR GOLDEN:  Thank you, Dan.

      22             SENATOR NOZZOLIO:  Professors O'Connell,

      23      O'Donnell, and Jenkins, please come forward.

      24             SENATOR GOLDEN:  Sorry for the delay,

      25      gentlemen.  It's just been one of those afternoons.







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       1             SENATOR NOZZOLIO:  Who did we lose?

       2             SENATOR GOLDEN:  O'Donnell.  He's coming out

       3      now.

       4             PAUL E. O'CONNELL:  He will be here

       5      momentarily.

       6             SENATOR NOZZOLIO:  Good afternoon, gentlemen.

       7             I should say, good evening now.

       8             Thank you very much for participating in the

       9      hearing, for waiting until this scheduled hour, at

      10      this hour, to testify.

      11             We welcome your testimony.

      12             First, for the record, if you could each

      13      identify yourselves as to, who you are, where you're

      14      employed, and what you do, briefly, and then, if you

      15      would be so kind, we'll submit --

      16             Did all three of you submit testimony?

      17             We have two.

      18             The third will be -- each of your submissions

      19      will be a part of our official record.

      20             So, feel free to summarize what you have, and

      21      then let's engage in a dialogue on the issues you

      22      present.

      23             EUGENE O'DONNELL:  Good afternoon, Senator.

      24             Eugene O'Donnell, from the John Jay College

      25      of Criminal Justice, Department of Law and Police







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       1      Studies.

       2             PAUL E. O'CONNELL:  Good afternoon.

       3             Paul O'Connell.  I'm a professor of criminal

       4      justice at Iona College in New Rochelle, New York.

       5             DR. MICHAEL JENKINS:  Hello.

       6             Michael Jenkins, assistant professor of

       7      criminal justice, sociology, criminology, at the

       8      University of Scranton.

       9             SENATOR NOZZOLIO:  Welcome, gentlemen.

      10             And as I said, if each of you could summarize

      11      your testimony, and then we'll address questions as

      12      we get going.

      13             PAUL E. O'CONNELL:  Thank you very much.

      14             I think I'll proceed.

      15             First of all, it's an honor and a privilege

      16      to be invited here today.

      17             Allow me to just give a very brief overview

      18      of my full testimony that you just received.

      19             Our job today, as I see it, is to move

      20      cautiously and thoughtfully, to ensure that only

      21      necessary reforms are made, rather than drastic

      22      change made for purpose of appeasement or political

      23      expediency that will do nothing more than create

      24      unnecessary new layers of bureaucracy that would

      25      compromise the functioning and the integrity of the







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       1      criminal justice system; or, more importantly,

       2      interfere with the balance of safety and justice in

       3      this state.

       4             The question of the day is:  How do we

       5      improve the safety of both the public and the police

       6      who serve them?

       7             Allow me to attempt to answer that.

       8             First, with regard to the grand jury, the

       9      thought of creating yet another stratum of

      10      bureaucracy to review police-involved cases that do

      11      not result in indictment, or the proposal to more

      12      dramatically revise the grand jury process, is, in

      13      my opinion, both foolhardy and deserving of very

      14      little consideration.

      15             "Broken-windows."

      16             Broken-windows has been proven to work.  The

      17      results speak for themselves.

      18             Critics suggest that broken-windows policing

      19      simply serves as a hyperaggressive form of policing

      20      that is designed to further harasses citizens.

      21             That is not the case.

      22             We must recognize that broken-windows has now

      23      become an integral part of community policing.

      24             If we abandon broken-windows, we will abandon

      25      community policing; indeed, we will abandon our







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       1      citizens.

       2             It is wrong to assume that the police have an

       3      inflexible program of enforcement that they're

       4      seeking to aggressively impose upon the community.

       5             In reality, the community has a great deal of

       6      input into formulating these strategies, and the

       7      police, with the community, share the responsibility

       8      to engage on this.

       9             These are the issues that emerge at community

      10      board meetings.

      11             Communities provide the police with the

      12      issues that concern them most, and it is up to the

      13      police to listen to them and to frame an appropriate

      14      response.

      15             Broken-windows is that response.

      16             It is not an offensive form of policing that

      17      is maliciously or gratuitously imposed upon a

      18      community; rather, it is a unique form of

      19      responsiveness that I believe must continue.

      20             "Stop-and-frisk."

      21             This is an issue of officer safety and public

      22      safety, plain and simple.

      23             There is nothing whatsoever wrong with the

      24      stop-and-frisk procedure.

      25             What deserves scrutiny is New York City's







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       1      former "stop-and-frisk program," as it has come to

       2      be known.

       3             As I see it, the real problem began when

       4      stop, question, and frisk became a key performance

       5      measure for the NYPD.

       6             As Silverman and Eterno found in their

       7      2010 study, police managers experienced significant

       8      pressure to produce numbers.  Many succumbed to this

       9      pressure, and a very large number of needless stops

      10      were apparently made.

      11             You see, and this is a very important point,

      12      in order to be lawful, stops must occur naturally.

      13      They cannot be mandated or created artificially

      14      without severely compromising civil rights.

      15             Now, the analogy that I provide my students

      16      at Iona is this:  Officer O'Connell, being

      17      instructed to prepare five vehicle accident reports

      18      during his eight-hour day shift.

      19             If the traffic accidents do not occur,

      20      I cannot make or force them to happen.

      21             I can, however, manufacture stop-and-frisks

      22      if I am pushed hard enough or far enough.

      23             The NYPD itself, I believe, is well aware of

      24      this, and I believe well on their way to correcting

      25      these prior deficiencies, but, as long as police







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       1      officers are called upon to respond to and to

       2      investigate violent crimes, they will continue to

       3      have street encounters with some very dangerous

       4      persons.

       5             Stop-and-frisk is a vital and a necessary

       6      tool for all police officers throughout this state;

       7      a safety issue, plain and simple.

       8             Today I issue a challenge, for developing,

       9      not simply more training, but different training,

      10      with better training, more-effective police

      11      training.

      12             The training-versus-education dichotomy has

      13      been discussed and debated among academics and

      14      professionals for many years.

      15             There's a subtle but a very real difference

      16      between these two terms.

      17             "Training" is primarily used in

      18      organizations, like police organizations, to impart

      19      basic core skills to new employees.

      20             Police departments across this country,

      21      I believe, have been fooling themselves into

      22      thinking that ethics, or the topic of

      23      police-community relations, are appropriate subjects

      24      for training.

      25             Ethics, as I'm sure you can see, is a topic







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       1      for "education."  It really requires a deep

       2      conceptual understanding.

       3             We need to engage a person's higher-level

       4      thought processes if we are ever to expect to make

       5      them agree to explore their core personal beliefs,

       6      and to internalize their learning, and then to

       7      conform their personal behaviors while policing the

       8      people of this state.

       9             Traditionally, police training in America has

      10      been delivered in a somewhat disjointed, rather

      11      haphazard manner.

      12             Stand-alone training modules are often

      13      delivered randomly, based largely upon an officer's

      14      work schedule, with little thought to curriculum

      15      design, or an overarching departmental training

      16      plan, or the possible interactive effects among

      17      different lessons.  But lessons can no longer be

      18      delivered or understood as discreet topics.

      19             Training must be interactive, it must be

      20      scenario-based, it must be dynamic, and above all,

      21      it must be realistic.

      22             Many departments in this state have made

      23      great strides in this area, but more needs to be

      24      done.

      25             Civilians, I believe, should be used to







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       1      supplement police actors during scenario-based

       2      training.

       3             I believe that all training academies in this

       4      state and most of our larger police departments

       5      should have curriculum advisory committees that

       6      would be made up of civilian educators, clergy, and

       7      community leaders who can serve an advisory function

       8      when developing and delivering police training.

       9             We should also examine the notions of

      10      developing the next generation of citizens' police

      11      academies.

      12             And I think, also, encouraging

      13      properly-trained police officers who currently serve

      14      as school resource officers to actually stand in

      15      front of the classroom and deliver street-law

      16      classes to the youth of this state, to prepare them

      17      for encounters with the police, by explaining

      18      constitutional protections, as well as expectations

      19      for personal conduct.

      20             I believe we must make every effort to

      21      improve the overall quality of police training and

      22      education in the state of New York.

      23             There are indeed costs associated with this,

      24      but the costs of inaction are far greater.

      25             From a risk management and a







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       1      community-relations standpoint, it is the only

       2      logical way forward.

       3             This is the common ground.

       4             In closing, let me say that our goal is

       5      clear, and I think it is, indeed, within reach.

       6             Despite all the rhetoric, police departments

       7      in this state do not have to dramatically revise

       8      their procedures, or, devise a strategy for policing

       9      African-Americans, or, a plan, a specific plan, for

      10      policing Koreans or Haitian people.

      11             Rather, they need to treat all people in this

      12      state with the same degree of respect and

      13      professionalism.

      14             It's the Golden Rule:  Do unto others.

      15             Policing is a very noble profession, and the

      16      men and women drawn to it each have a moral compass

      17      that will guide them.

      18             Police officers need to be instructed and

      19      actively encouraged to treat the people they

      20      encounter each day exactly the way they would wish

      21      their family members to be treated.

      22             What we ask is that our officers retain or

      23      acquire that degree of mindfulness to consider,

      24      perhaps, that the homeless man sleeping under the

      25      overpass might, in fact, be a war veteran with







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       1      two bronze stars, or, that the emotionally-disturbed

       2      woman on the subway platform might be a mother of

       3      three who is simply off her meds.

       4             So the key, as I see it, is to reframe police

       5      training, to make it more transparent and to make it

       6      more inclusive, to allow and encourage our officers

       7      to be who they already are: decent people who strive

       8      to help others and to do the right thing.

       9             Thank you.

      10             SENATOR NOZZOLIO:  Thank you, Mr. O'Connell.

      11             Mr. O'Donnell.

      12             EUGENE O'DONNELL:  Thank you, Senators.

      13             And let me first acknowledge my friend and

      14      neighbor, Chairman Golden.

      15             And, also, on the other side, Senator

      16      Perkins.  We were co-workers and co-colleagues in

      17      the Dinkins' campaign 20-some-odd years ago.

      18             So I don't want to talk ideology, and I'll

      19      speak very briefly.

      20             I think a lot of what we should be talking

      21      about is civics, really.

      22             And over the past few months, we've had a lot

      23      of misinformation.  I wouldn't call it

      24      disinformation.

      25             So any reforms we're talking about have to be







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       1      built on truth.

       2             And the DA on Staten Island just alluded to

       3      one of the truths that's involved.

       4             The grand jury is an important device, and it

       5      is not simply police people that escape indictment

       6      in the grand jury.

       7             That was said, and resaid, over and over this

       8      summer.  It's not true.

       9             It is not unusual for ordinary citizens to go

      10      into the grand jury, assert that they acted in

      11      self-defense, and no-true bill will be returned.

      12             Indeed, in this city, people go into the

      13      grand jury and claim they were unlawfully searched,

      14      drug- and gun-possession cases, and they're no-true

      15      billed.

      16             So this issue that could you indict a ham

      17      sandwich, and that only a police officer can escape

      18      indictment, is simply not true.  And the DA alluded

      19      to that.

      20             Also, obviously, with the grand jury, it's

      21      very important to protect witnesses.

      22             In a police shooting, I've investigated them

      23      as a DA, we are looking, always, for individuals on

      24      the street who have no connection to the incident.

      25             And in this environment where there is







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       1      intimation, we want to give every assurance to

       2      witnesses they will not be intimated.

       3             I think there was some good-faith commentary

       4      made about NYPD this summer.

       5             I don't need to revisit the bad-faith

       6      commentary made about NYPD.

       7             I would just simply ask everyone across the

       8      partisan divide:

       9             I come from a school where young people are

      10      thinking of a police career.

      11             Surprisingly, not a lot of young people are

      12      thinking about running for office.  I wish they

      13      would.  They're not.

      14             Think of the implication of saying some of

      15      the things that were said this summer.

      16             And I think what we heard this summer, it's

      17      of absolute importance, when mistruths are said, to

      18      stop people; and particularly in light of the NYPD.

      19             This is an organization of 35,000 people that

      20      have 5 million recorded 911 calls, uncountable

      21      numbers of other interactions.

      22             This is a police department that has

      23      48 shootings a year.

      24             Okay?

      25             Almost invariably in those shootings, there's







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       1      a weapon found.  The weapon has been brandished.

       2             Also really importantly, we do have to

       3      dissect the fact of cases.

       4             You hear sometimes people referring to

       5      Garner, Louima, Diallo, Curly.  That's really not

       6      fair to the organization.  These are all different

       7      situations.

       8             Louima, obviously, is a brutal, unjustifiable

       9      attack on someone, where somebody is doing a

      10      tremendous period of incarceration.

      11             But to lump these together, not only is it a

      12      disservice of trying to get to the truth of what the

      13      police do, but then you create a narrative.  Just,

      14      here comes another NYPD example of abuse.

      15             And it's just simply not, I don't believe,

      16      borne out by the record.  And we could go over that

      17      in some great detail.

      18             I think the roots of the Garner case is the

      19      failure to recognize that police ultimately do use

      20      force on people.

      21             We don't recruit them on that basis.

      22             We don't really want to train them on that

      23      basis.

      24             We're not comfortable with the topic.

      25             We don't go to the Gleason's Gym and get big







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       1      bruisers on the job.  I don't think most of us would

       2      want that.

       3             But, really, the roots of the Garner case, as

       4      I read it, in the absence of malice, unless somebody

       5      sees malice that I don't see evidence of, is really

       6      bungling and ineffectiveness and inability to -- and

       7      the Commissioner acknowledged this by talking about

       8      retaining.

       9             I'll be brief.  This is just a couple other

      10      things I want to say.

      11             DA Donovan, just to go back to the

      12      grand jury, said something very useful, I think, in

      13      terms of reform.

      14             I actually believe the DAs themselves, rather

      15      than presenting cases -- some of these police cases

      16      to the grand jury, or, if they do present cases to

      17      the grand jury, there should be a report.

      18             The Kiko Garcia case in New York City in

      19      1992, some people may remember that case,

      20      radioactively hot.  The Manhattan DA issued, I think

      21      it was a 78-page report, after the Kiko Garcia --

      22      basically demonstrating that the allegations made

      23      against the police in that case were completely

      24      unwarranted.

      25             Nobody was in the dark.







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       1             Some people will remember that.  It was a

       2      very hot time in the city.

       3             I'm sure some of the Senators will remember

       4      that.

       5             And, actually, once the evidence was laid

       6      bare, that case sort of went away.

       7             Not that, ultimately, some people might not

       8      have thought it was an injustice, but the evidence

       9      was simply not there.

      10             Finally, because I'm going to go real

      11      quickly, I'm going to make an appeal to the Senate

      12      today, and the Legislature.

      13             And I think -- again, I think DA Donovan,

      14      because I heard him allude to this, there's a

      15      tremendous amount of lack of understanding what the

      16      police do.

      17             Again, this wire form should not be based on

      18      disinformation.

      19             In red states, in blue states, in our state,

      20      coast to coast, police officers don't get indicted

      21      for on-duty events, because when police officers do

      22      their job, they're acting differently than other

      23      people.

      24             No matter how you change the model, I don't

      25      think you're going to change that result.







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       1             And that's a sobering reality people have to

       2      think about when they are law-making, because when

       3      we put the police forward, inevitably, and the

       4      lawmakers know this, under Article 35, the police

       5      have very broad, sweeping powers to defend

       6      themselves and defend others in connection with

       7      that.

       8             And I'll stop now.

       9             I want to make this appeal to the

      10      Legislature:

      11             I believe the Legislature could help.

      12             We should create a high school program,

      13      perhaps with a video, across the partisan divide, of

      14      people explaining what the police do; the powers

      15      they have; why it is that those powers should not be

      16      challenged on the street by people; why the

      17      legislators, in their wisdom, have given the police

      18      these powers; and how difficult it is to unwind

      19      this; and, also, that the laws are made in their

      20      name.

      21             SENATOR GOLDEN:  When would you do that?

      22             EUGENE O'DONNELL:  I'm sorry?

      23             SENATOR GOLDEN:  What age group would you do

      24      that with?

      25             EUGENE O'DONNELL:  Well, we did a program at







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       1      John Jay for -- I would say high school.

       2             But I would like to see you guys do it,

       3      because you're the architects of the system.

       4             And this ownership of the system, this idea

       5      that the system just floats out on its own, we have

       6      a Legislature that creates more laws every year,

       7      pushes the police forward every year.  Your offices

       8      are hot beds of people calling up and making

       9      requests to the community.

      10             We can talk about remedies for police abuse.

      11      That should be part of it.

      12             But I would respectfully ask the Legislature,

      13      and now I will stop, to consider doing it.

      14             Across the partisan divide, demographic

      15      divide, that you, face-to-face, own the system that

      16      you're the architects of, on behalf of the people of

      17      the city.

      18             And I'm happy to help with specific ideas

      19      about how that should be done.

      20             But continuing this idea that something is

      21      wrong because the police have powers that they're

      22      given repeatedly by the Legislature, is not true.

      23             And, again, going off to reform, when we

      24      don't get our facts correct, will inevitably lead to

      25      bad reforms.







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       1             Thank you.

       2             SENATOR NOZZOLIO:  Dr. Jenkins.

       3             DR. MICHAEL JENKINS:  Dear members of the

       4      Joint Committee, I am honored to have the

       5      opportunity to address you today, especially

       6      alongside the two esteemed professors and former

       7      practitioners whom I join.

       8             The safety of the police and the public is an

       9      area of civic life that should be at the forefront

      10      of every mind concerned with ensuring more vibrant

      11      and healthy communities.

      12             The trend for violent interactions between

      13      police and citizens is generally downward.

      14             Police use force in just 1.5 percent of

      15      police-citizen interactions nationwide each year.

      16             The use of what a citizen can perceive as

      17      excessive force is even less common.

      18             However, police-involved homicides of

      19      citizens have been increasing, and the number of

      20      law-enforcement officers killed by firearms in the

      21      line of duty jumped 56 percent from 2013 to 2014.

      22             The determinants of police-citizen encounters

      23      gone bad are many.  They range from inadequate

      24      police selection, training, and supervision, to

      25      organizational elements that focus on quantity over







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       1      quality, to ingrained disdain for the police by

       2      some, and, economic, educational, and criminal

       3      justice systemic failures that go far beyond the

       4      bounds of policing.

       5             At the heart of our grappling to understand

       6      the many potential dangers of abuse by or of police

       7      is the impossible mandate that police face; a

       8      mandate that gives them the authority to infringe

       9      upon individual rights, even to take one's life;

      10      while at the same time, calling them to protect an

      11      individual's due process rights and to practice the

      12      utmost restraint.

      13             An officer must equally and fully meet these

      14      two opposite ends of the spectrum every time they

      15      interact with a citizen.

      16             The circumstances surrounding the deaths of

      17      Eric Garner and Michael Brown demonstrate the

      18      inherent difficulties in finding that balance in

      19      neighborhoods like those in which the two lost their

      20      lives.

      21             We must acknowledge three realities that make

      22      the seemingly mundane encounter turn deadly.

      23             First, a history that affects the situation

      24      at hand;

      25             Second, police professional or individual







                                                                   285
       1      culpability;

       2             And, third, the responsibility of the

       3      community or citizen involved.

       4             The aftermath of the Michael Brown incident

       5      revealed that, by most calculations, positive

       6      relationships between the Ferguson police and their

       7      community were historically nonexistent.  Policing

       8      was a one-way street: the police policed Ferguson.

       9             This does not seem to be the case here with

      10      the NYPD, although the conversation surrounding the

      11      ruling in "Floyd versus City of New York" may

      12      suggest otherwise.

      13              Second, there is no doubt that, in some

      14      cases, police overstep the boundaries defined by

      15      legal or departmental authorities.

      16             It is not difficult for many of us to imagine

      17      situations where police might curse at or disrespect

      18      a citizen.

      19             We must consider, then, what effect such

      20      salutations have on any ensuing citizen cooperation,

      21      or lack thereof.

      22             If such interaction is possible, then we must

      23      train and hold accountable police officers for

      24      treating citizens in ways that increase police

      25      legitimacy and ensure procedural justice.







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       1             In the Eric Garner video, even those of us

       2      not trained in such areas can likely think of many

       3      other ways the officers could have handled that

       4      situation without using physical force.

       5             Furthermore, NYPD officers had had multiple

       6      interactions with Garner prior to the fatal

       7      encounter on July 17th.

       8             Were these lost opportunities to prevent the

       9      problem from arising in the future?

      10             Did police learn information from Garner in

      11      his actions that affected the decisions they made on

      12      July 17th?

      13             Either way, we must ask ourselves:  How have

      14      our previous actions gotten us into such

      15      life-threatening situations in which the killing of

      16      an unarmed person could be legally, and maybe even

      17      morally, justified?

      18             The fact that an officer might ultimately be

      19      justified in the use of deadly force does not excuse

      20      the many prior decisions that got him or her to a

      21      point where deadly force was viewed as a reasonable

      22      option.

      23             Milwaukee Police Chief Edward Flynn recently

      24      affirmed such thinking in his determination to fire

      25      an officer, not for using excessive force, but,







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       1      rather, for the choices the officer made in the

       2      moments leading to the shooting death.

       3             How could we have precluded these negative

       4      exchanges from arising in the first place?

       5             The use of technology to gather, analyze, and

       6      disseminate relevant information aids police in

       7      working with the community to define

       8      neighborhood-specific problems and to create

       9      realistic solutions that will likely include

      10      multiple stakeholders in which only, in certain

      11      circumstances, will rely solely on arrests.

      12             We must also be honest about the

      13      responsibility of the community or citizen involved.

      14             We must recognize those citizen behaviors

      15      that may contribute to their poor relationships with

      16      police or to the application of force against them.

      17             When people repeatedly disrespect the police

      18      or when police are faced with the stop-snitching

      19      mantra as they try to gather information to solve

      20      robberies, shootings, or homicides, it is not

      21      surprising that officers might become jaded,

      22      suspicious, or defensive.

      23             By all accounts, in both the Brown and Garner

      24      cases, the decedents failed to abide by the lawful

      25      commands of police officers.







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       1             We must look beyond individual-level

       2      explanations to understand why this seemed like a

       3      reasonable response.

       4             In the history police-and-community equation,

       5      the police contribution must be weighted most

       6      heavily.

       7             The police are those individuals whom we

       8      commission to serve the public good, and to whom we

       9      should give great respect in line with the power we

      10      grant them.

      11             Finally, let me conclude with a caution

      12      against the suggestion that some reformers are

      13      positing, that police ignore lower-level offenses

      14      and give up on broken-windows policing.

      15             I'll skip over some of the comments that

      16      I had prepared, and I just echo support that

      17      Professor O'Connell offered in his statements.

      18             But let me just add, that taking police

      19      attention away from these problems of disorder would

      20      turn back the proverbial clock to a time when police

      21      viewed themselves as professionally-remote crime

      22      fighters, instead of the guardians and caretakers of

      23      our communities that we want them to be.

      24             Communities plagued by the root causes of

      25      criminal behavior often lack the informal controls







                                                                   289
       1      necessary to deal with such quality-of-life

       2      offenses.

       3             The police, traditionally seen as the

       4      defenders of status-quo-maintaining systems, would

       5      only further damage their legitimacy by turning

       6      their back on the so-called "minor offenses" that

       7      most often concern citizens and that diminish their

       8      quality of life.

       9             Police attention to broken-windows, in the

      10      case of Eric Garner's selling of loose cigarettes,

      11      did not cause his death.

      12             Turning the focus toward an assault on a

      13      proven policing practice will only further

      14      compromise the safety of neighborhoods and stifle

      15      the necessary changes police should make.

      16             Thank you.

      17             SENATOR NOZZOLIO:  Thank you.

      18             Gentlemen, questions from the panel?

      19             SENATOR GOLDEN:  I'd like to (a) thank the

      20      Panel for coming forward.  Thank you for staying

      21      this afternoon.

      22             And, obviously, this is a little bit belated

      23      and we would like to have gone on.

      24             But, all of the testimony you've given is a

      25      good testimony that we will all take into







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       1      consideration as we write new legislation.

       2             But I will tell, you talk about a case that

       3      went back in 1992.

       4             You don't remember, there were 2245 homicides

       5      that year in the city of New York.

       6             This year it will be 300 -- I think -- what

       7      did they finish up, 320 homicides last year.

       8             And, right now, homicides are up, and so are

       9      rapes.

      10             We're hoping -- and shootings.

      11             But it's early in the year, and we're hoping

      12      that that gets corrected, and, God willing, it does.

      13             But that all comes down to the broken-windows

      14      theory, it comes down to policing, it comes down to

      15      the ability for the police to go out there and do

      16      their job, and to do it and feel safe, that they're

      17      doing it with the support of the community.

      18             You know, we talk about -- you talked about

      19      the thinking [unintelligible].

      20             Was that the "beacon" program, when the

      21      "beacon" programs came into effect?

      22             There's the perfect example of where we had

      23      2245 homicides in 1992, and now we have 320 or so.

      24             We did a tremendous, tremendous, and I got to

      25      give Police Commissioner Bratton his due, and, of







                                                                   291
       1      course, Police Commissioner Kelly as well, their due

       2      in continuing to bring crime down under those two

       3      administrations.

       4             But I got to tell you what we did not do, was

       5      keep up with the number of beacons that we had

       6      across the districts, across our city.

       7             We didn't keep up with the after-school

       8      programs that we had, and should have had.

       9             We didn't keep up with PALs.  I don't know

      10      if any PALs in the communities, or across the

      11      districts, and across the our city.

      12             Big Brother, I don't see any of them out

      13      there in a lot of communities where they should be.

      14             I seen us cut back at City Council and state

      15      level when it came to funding, where we could have

      16      done something that you pointed out here, and that's

      17      called "education," bringing police and communities

      18      closer together.

      19             I'm hoping some of this stuff that we hear

      20      today from the three professors here, that we will

      21      be able to coalesce around legislation that will

      22      bring our communities closer together, and give the

      23      police departments the ability to do their job, the

      24      district attorneys to do their jobs, without

      25      imposing legislation upon legislation upon







                                                                   292
       1      legislation.

       2             Now, there's legislation on the books since

       3      the beginning of time.  It never comes off; it just

       4      keeps mounting up.

       5             It's not about legislation in a lot of cases.

       6             It's just about common sense, and working

       7      together with our communities to make that happen.

       8             So I want to thank you all for being here.

       9             And you pointed about shootings.

      10             Shootings go down in a split second and you

      11      got to make a decision.

      12             You may take, you know, 10 years, 15 years in

      13      a police department, and, in a split second, you got

      14      to make a decision on life.

      15             So, it's very troubling to some, but that's

      16      what they're trained for, that's what they've been

      17      trained for.  And we should allow them the ability

      18      to do what they do.

      19             And we should go to the training factor, and

      20      combat -- not combat -- but paramilitary training

      21      within our institutions, so that our police officers

      22      are better trained, as you seen the increase in the

      23      number of police shootings across the country.  Not

      24      just here in the city of New York, but across the

      25      country.







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       1             So I want to thank the three of you for your

       2      service, and thank you for coming out here today to

       3      give us what I believe is great information.

       4             PAUL E. O'CONNELL:  Thank you, Senator.

       5             SENATOR NOZZOLIO:  Senator Gallivan.

       6             SENATOR GALLIVAN:  Thank you, Chairman.

       7             Thank you gentlemen, all, for your testimony.

       8             Dr. Jenkins, because you happen to, in your

       9      written testimony, answered the question that I had

      10      in my mind: the broken-windows theory.

      11             And I appreciate everybody's testimony about

      12      that.

      13             Critics have suggested that it hasn't been

      14      proven with research, with empirical data, that it's

      15      a successful practice.

      16             And, you made reference to three different

      17      researchers that, essentially, have examined it.

      18             And I'm just asking if you would be able to

      19      provide us -- we can get your information

      20      afterwards -- provide us with that reference of

      21      those particular studies.

      22             DR. MICHAEL JENKINS:  Sure, I'd be happy to.

      23             SENATOR GALLIVAN:  I would be very interested

      24      in looking at it.

      25             DR. MICHAEL JENKINS:  It goes back as early







                                                                   294
       1      as the 1960s.

       2             SENATOR GALLIVAN:  Just a little bit of

       3      homework for you, not a question.

       4             DR. MICHAEL JENKINS:  My pleasure.

       5             SENATOR GALLIVAN:  Mr. O'Donnell, the notion

       6      of, the one thing that you had asked us, about a

       7      high school curriculum, I don't know how it's been

       8      lost, but, the whole notion of parents teaching

       9      their kids civic responsibility has been lost in

      10      some communities.

      11             And, I think that's a great suggestion, that

      12      I would be interested in further conversations as

      13      well.

      14             EUGENE O'DONNELL:  If I could just say,

      15      really briefly, because I mention it in here, we

      16      also need to reignite a conversation about civility.

      17      We shouldn't be trying to intimidate people into

      18      being respectful to the police.

      19             But over the last year or two, or however

      20      long it's been, we have this notion that it's okay

      21      to be actively disrespectful and combative with the

      22      police in a way we wouldn't tolerate with judges,

      23      in a way we wouldn't tolerate with prosecutors, and

      24      I hope with lawmakers we wouldn't tolerate it

      25      either.  That there's a respect for the office.







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       1             UNKNOWN SPEAKER:  It's tolerated with

       2      lawmakers.

       3                  [Laughter.]

       4             EUGENE O'DONNELL:  Well, I know it's

       5      tolerated with lawmakers, but I don't think you

       6      would tolerate disruption here very long.

       7             I mean the idea is, and it shouldn't be

       8      imposed at the point of handcuffing people.

       9             But, we have police officers, for example,

      10      who work demonstrations, that get yelled at for

      11      eight hours.  You know, the most vile things are

      12      screamed in their face.

      13             And it's a First Amendment right to do what

      14      you got to do, but maybe to reorient that

      15      conversation as part of civics.

      16             You can do it.  Should you do it?

      17             Is it helpful to us as a society?

      18             SENATOR GALLIVAN:  I look forward to more

      19      conversations about that.

      20             And, finally, now you really get to answer a

      21      question.

      22             You -- I don't know if it was your direct

      23      testimony, but you seemed to imply school resource

      24      officers will help to improve police-community

      25      relations.







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       1             Can you expound on that?

       2             I mean, do you believe that they would?

       3             And how would that actually take place?

       4             PAUL E. O'CONNELL:  I've actually studied

       5      police departments now, I think, in 20 different

       6      states, and I've seen a spectrum of duties

       7      associated with the SRO title.

       8             Some, literally, are just bodyguards.

       9             After New Town, I would say virtually every

      10      community in this nation experienced the angst and

      11      the terror, and the knee-jerk reaction was:  Put a

      12      cop in every school.

      13             But beyond that, you know, the DARE officer,

      14      the DARE program has diminished dramatically,

      15      probably for good reason, over the years.

      16             But as that diminished, the police had this

      17      law-enforcement role.

      18             And what I'm suggesting is, if they're there

      19      already -- I mean, when I went on the job, I had a

      20      teaching degree.  I was -- I had certification,

      21      grades 7 through to 12.

      22             I got pulled off patrol and sent down to the

      23      academy to teach recruits, but I could just as

      24      easily have been sent to Bryant High School in

      25      Astoria to teach seniors, because I was certified.







                                                                   297
       1             There's a lot of extremely talented men and

       2      women in the NYPD.  You know, we have people who are

       3      doctors, attorneys, and teachers.

       4             If you could just get them out there to have

       5      these conversations that we're having today with the

       6      kids, and to get them early enough -- and I agree,

       7      you know, probably freshmen in high school

       8      throughout -- and get the communication.

       9             This is all about communication.

      10             It's not about restructuring the architecture

      11      of the criminal justice system.

      12             You know, maybe I'm naive, but I'll stake my

      13      reputation on this:  It's about teaching respect.

      14             And once you -- you know, I would suggest --

      15      much like the District Attorney said, I would

      16      suggest that, in this state, probably 15 or

      17      20 percent of the population really understands what

      18      a grand jury is.

      19             A grand jury is designed as a screen or a

      20      protection to guard against a runaway criminal

      21      justice system, and it has to be understood as such.

      22             And the question is, how do you do that?

      23             And I think it's taking these professionals

      24      who do put their lives on the line, have them go

      25      into the class and sit down with these kids, and,







                                                                   298
       1      you know, respect them and open the communications.

       2             I know in my heart of hearts it will bear

       3      fruit out on the streets, and it's going to diminish

       4      the risks both for the public and for the police,

       5      going forward.

       6             SENATOR GALLIVAN:  Thank you.

       7             SENATOR NOZZOLIO:  I just have a couple of

       8      comments and questions.

       9             The first is a comment.

      10             When Professor O'Donnell was indicating that

      11      educational process, Senator Gallivan and I think

      12      it's a great idea.  We've reviewed your testimony

      13      and I think it makes all the sense in the world.

      14             I remember my Cub Scout den mother taking her

      15      little pack of Cub Scouts, at the 9- or

      16      10-years-old, to the local police department to see

      17      what it was all about.

      18             And that kind of education is very important.

      19      It instills something in a young person to respect

      20      law enforcement, to understand the role of

      21      law enforcement.  To see a lock-up.  To see the fact

      22      that you can be involved in those kinds of issues as

      23      a young person; understand what they are all about,

      24      or try to understand.

      25             And that's -- that education process is part







                                                                   299
       1      of -- I think, is essential to our democracy.

       2             And I'm glad you raised it, and it's

       3      something we want to pursue.

       4             Professor O'Connell, I'd like you to address

       5      two subjects.

       6             The first is the training issue.

       7             I think you're right on target regarding one

       8      size doesn't fit all.

       9             The type of training is important, as

      10      anything.  And just simply training something,

      11      coaching in a way that teaches you the wrong play or

      12      the wrong role is counterproductive.

      13             Have you analyzed -- earlier,

      14      Commissioner Bratton talked about the new programs

      15      that they're establishing.

      16             Have you had an opportunity to look at any of

      17      those?

      18             PAUL E. O'CONNELL:  I have not, but I can

      19      tell you this:  Everything I've read, and,

      20      certainly, what I heard from the Commissioner this

      21      afternoon, suggests that Commissioner Bratton

      22      understands this issue intimately, and that he's

      23      moving a very large organization that -- I did my

      24      doctoral dissertation on CompStat, and its

      25      development in the NYPD.  And the one thing







                                                                   300
       1      I learned is police organizations change slowly.

       2      They're quite resistant to change.

       3             Cultural changes take time.

       4             I think we're running out of time, and

       5      I think the Commissioner understands that.

       6             So everything I've read, including the new

       7      proposals that, literally, are just coming out

       8      today, about a new patrol-staffing plan, and really

       9      getting cops back out of the police cars.

      10             You know, I personally don't believe that

      11      bulletproofing the police cars is the right

      12      direction to go.

      13             I think it's getting the cops out to converse

      14      with individuals.

      15             That's where the --

      16             UNKNOWN SPEAKER:  Good luck.

      17             PAUL E. O'CONNELL:  Well, yeah.

      18             But I believe Commissioner Bratton

      19      understands this.

      20             So, no, I apologize, I have not examined it

      21      in detail.

      22             SENATOR NOZZOLIO:  No need to apologize.

      23             If you ever -- those kinds of things will

      24      certainly be tested in time.

      25             PAUL E. O'CONNELL:  Absolutely.







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       1             SENATOR NOZZOLIO:  I didn't get a total price

       2      tag.  I think he mentioned a multimillion-dollar

       3      program in his testimony.

       4             But the fact is, what types of resources

       5      should we be deploying towards that training

       6      objective?

       7             And, it's one that this Committee has been

       8      trying to grapple with.

       9             Lastly, the "grand jury" issue, all three of

      10      you touched on it in a variety of different ways.

      11             We're going to be presented with a very

      12      specific request.

      13             We already have been.

      14             Others have said they oppose it;

      15      diametrically oppose it.

      16             Others say they think it's an intriguing

      17      idea.

      18             Others have said they support it.

      19             Have you -- and particularly you,

      20      Professor O'Connell, addressed in your comments

      21      directly -- all three of you, I would appreciate

      22      your thoughts on that subject.

      23             PAUL E. O'CONNELL:  I'd like to distinguish

      24      between the proposal to make the process somewhat

      25      more transparent, and then the process to create







                                                                   302
       1      another layer of review.

       2             The latter I would dismiss out of hand.

       3             As far as shining a light into the inner

       4      workings of the grand jury process, again, to

       5      educate the public, because, again, I would suggest

       6      most people really don't understand it.

       7             The District Attorney, if he's in favor of

       8      it, if the -- I would be guided by what they say.

       9      They're the people doing it.

      10             If they think that more, you know, knowledge

      11      is power, more information would benefit the

      12      process, by all means, who am I to stand, you know,

      13      in between that.

      14             But as far as creating another layer of

      15      review, it's -- you know, it's the old saying,

      16      "Don't raise the bridge, lower the river."

      17             We're making far too much out of it.

      18             I think the process can be efficient, can

      19      work as it was intended, with a little bit more

      20      information provided.

      21             EUGENE O'DONNELL:  Can I just quickly add,

      22      one of the reasons I was suggesting that the

      23      legislators be involved with this, Article 35 in

      24      this state requires that if you claim self-defense,

      25      it has to be disproved beyond a reasonable doubt.







                                                                   303
       1             Now, I spent a summer talking to the press,

       2      with all due respect, and because of the format of

       3      news reporting, we've had conversations about police

       4      work that never involved the law.

       5             Okay?

       6             Whether it's hard to describe to people or it

       7      bores people or it's seen as inside baseball, the

       8      law is dispositive in these cases the more doubt you

       9      have about whether somebody is or is not justified.

      10             When a police officer says, unless you have

      11      some reason to doubt the officer, "That I believed

      12      at that moment, my life or somebody else's life was

      13      in danger, somebody was in peril," unless a

      14      prosecutor can, basically, put that beyond doubt,

      15      then the defendant, ultimately, if he's in a

      16      criminal trial, must be found not guilty.

      17             That's not trivia.  That's central to the

      18      conversation.

      19             Rolling off on reforms without stopping and

      20      explaining that to people, is crucial.

      21             Any prosecutor will tell you, when a case

      22      comes in, civilian or police, and it's a

      23      self-defense case, that is, inherently, going to be

      24      a difficult case.

      25             When it's a police case, it's almost going to







                                                                   304
       1      be an impossible case.

       2             Again, coast to coast, red state, blue state,

       3      no matter who the demographics are, the police are

       4      vested with broad powers.  It's very hard to tamper

       5      with that.

       6             And, again, this is why these cases, why DAs

       7      should be explaining this in a, perhaps, written

       8      document.

       9             It may not get any attention because the

      10      emotion overrules this, but the law is what points

      11      you to what happens in these cases.  And the law is,

      12      basically, a very high standard for a prosecutor to

      13      prove somebody not justified beyond a reasonable

      14      doubt.

      15             Very high standard.

      16             SENATOR NOZZOLIO:  It's an important

      17      standard.

      18             And, I had a number of police officers, we

      19      all have, but, this week in the state Capitol, we

      20      were visited by a number of police organizations,

      21      individual officers, and not just from big-city

      22      police forces, but small town -- relatively small

      23      compared to New York City -- town offices.  And each

      24      of us was visited by them, and this was an issue of

      25      great concern to them, because it -- the finality of







                                                                   305
       1      the process is so undetermined under what's being

       2      suggested.

       3             Having another review puts, certainly,

       4      another whole layer on the process that doesn't

       5      necessarily have a timeline or a definitive

       6      conclusion.

       7             At least, it can be, in effect, putting an

       8      individual's conduct in limbo for years.

       9             So, it's something that we're all trying to

      10      weigh.

      11             Dr. Jenkins, did you have anything to add?

      12             DR. MICHAEL JENKINS:  I would just add to the

      13      point that, you know, perceptions do matter with

      14      these circumstances.  And, if there's a perception

      15      that a grand jury is not proceeding in a just way,

      16      that affects relationships.

      17             And that's what we're trying to talk about

      18      here, are relationships between police and the

      19      community.

      20             And so, practically speaking, logistically

      21      speaking, and in terms of the law, we have to talk

      22      about that, but we have to be mindful of the

      23      perceptions that the community might be getting if a

      24      grand jury process is not viewed as just.

      25             SENATOR NOZZOLIO:  Senator.







                                                                   306
       1             SENATOR SANDERS:  Thank you.

       2             Thank you very much, Mr. Chair.

       3             First let me say that I think that problems

       4      with the police departments certainly existed --

       5      police and community existed before these policies

       6      came about.

       7             These policies, I would argue, have made

       8      things worse to some degree, but existed before

       9      them.  And it would be unscientific just to say that

      10      these are -- were it only that simple that we can

      11      say, These are the problems.

      12             And I wish that the world were that simple.

      13             I would just urge everybody, that I'm sitting

      14      here, and it seems that we're talking about

      15      two different worlds.

      16             Two different worlds, my friends.

      17             And I have the privilege, and the

      18      responsibility, of communicating to both of these

      19      worlds, to say that there are things that -- well,

      20      I am reminded, of course, of the

      21      philosopher Disraeli who spoke of statistics.

      22             And all of you remember that he said, "There

      23      are three types of lies:  Lies, damned lies, and

      24      statistics."

      25             And, there's a thing called "group memory."







                                                                   307
       1             Group memory, it's related to history.  It's

       2      basically history.

       3             And I'm telling you of a group memory that

       4      says there were very few people who believed that

       5      there would be an indictment.

       6             And there are -- and that group, that number,

       7      is declining, not increasing.

       8             My friends, that is not a good thing.  It's

       9      going the wrong way.

      10             We have to figure out what to do with it.

      11             If fewer and fewer people believe that there

      12      is justice, then, sadly, no amount of conversation

      13      is worthy as conversation is going to be.

      14             You could do a pizza party, you could do a

      15      basketball game, you could do whatever you wish,

      16      people need to see a type of justice.

      17             Now, we all will have to wrestle with what

      18      does this mean, this word "justice"?

      19             I mean, you know, from Russo to Mills, say

      20      all of these guys, we've been wrestling with this

      21      idea.

      22             What does this mean?  And what does this mean

      23      in this context?

      24             Now, concretely, with all due respect, I will

      25      certainly take issue with, that the broken-windows







                                                                   308
       1      equals community policing.

       2             I had a very small role, very, very small

       3      role, in Safe Street, Safe City program.

       4             I actually was in the Department of Youth

       5      Services, and we helped design, Senator, the beacon

       6      schools.

       7             I was one of those functionaries way down in

       8      some basement that helped design that part of it.

       9             So I understand that community policing does

      10      not necessarily equal the broken-windows theory.

      11             You can certainly do it without that.

      12             And, the stop-and-frisk, which is a

      13      legitimate policing practice, can be abused.  That

      14      you can make vast abuse of this; and, therefore,

      15      counteract it.

      16             I mean, if we say that broken-windows was a

      17      working philosophy, and, frisking got stopped and

      18      frisked, the counterargument is, then, with the

      19      decline of stop-and-frisk, crime should be spiking

      20      through the roof.

      21             And, the counterargument to broken-windows

      22      is, during the police slowdown, or whatever, we

      23      haven't given it a real name, crime should have

      24      spiked through the roof.

      25             We did not see these things; therefore, there







                                                                   309
       1      is more afoot.  There must be more afoot.

       2             It may be a part of the truth, but it's not

       3      the whole truth.  There must be more to this.

       4             So, therefore, there may be other ways.

       5             There are other cities, large cities, that do

       6      not use these policies; and, yet, are bringing down

       7      crime.

       8             Crime in the nation, of course, is going

       9      down.

      10             We should point those things out.

      11             Now, I will -- to respect time, I will ask

      12      each of you a question, and then I will stop.

      13             And I'll ask the questions first, and then

      14      you can answer them.

      15             To Professor -- Lecturer, I'll be kind --

      16      Lecturer O'Connell, can you explain what I just said

      17      about broken-windows and why there was no spike?

      18             If this policy was so central and critical,

      19      then why is the information counters -- well, I'll

      20      let you do that.

      21             To Professor Jenkins, if you would be kind

      22      enough -- well, not kind enough -- that's a -- let

      23      me do it a different way:

      24             How can we -- what can we do to weed out

      25      and -- or -- weed out and/or -- to more effectively







                                                                   310
       1      weed out and change, if need be, latent racism

       2      within an institution?

       3             What can we do about that?

       4             And, of course, to Professional O'Donnell,

       5      your civil rights -- your video is very

       6      interesting -- your civic video is very -- to call

       7      it something, I trust that it will take into account

       8      that -- Thoreau, Gandhi -- that just because you

       9      have an authority doesn't mean that it is moral, and

      10      that there must be a way of challenging immoral

      11      authority?

      12             And, of course, I understand, the Gandhi and

      13      Martin Luther King, there's a responsibility, and a

      14      way of doing things, and things that go with things.

      15             But, if you're going to do a video about

      16      respect, or civic virtues, you should -- you

      17      couldn't do it fairly without including that, if an

      18      immoral authority has the authority, that it is

      19      beholding on people -- isn't that Thomas

      20      Jefferson? -- that it is beholding on people that

      21      they have to challenge such an authority?

      22             We can argue of how to go about it.

      23             And I'll stop.

      24             SENATOR NOZZOLIO:  Senator, could we get to

      25      the question?







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       1             SENATOR SANDERS:  I stopped, sir.

       2             SENATOR NOZZOLIO:  Thank you.

       3             SENATOR SANDERS:  They have their questions.

       4             PAUL E. O'CONNELL:  If I could, the

       5      broken-windows issue, a very insightful question,

       6      Senator, about crime rates and stop-and-frisk.

       7             Once again, I would suggest that everybody

       8      make the distinction between stop-and-frisk program,

       9      which I believe has been discontinued, and

      10      stop-and-frisk as a necessary procedure, which,

      11      again, I feel quite strongly of.

      12             SENATOR SANDERS:  Agreed.

      13             PAUL E. O'CONNELL:  Now that the program has

      14      been discontinued, would you expect to see some

      15      change in crime rates?

      16             The answer is yes.

      17             I would expect to see more at the misdemeanor

      18      level and the violation level, as opposed to

      19      violent-crime levels and the UCR levels.

      20             But I still think it's still somewhat too

      21      soon to make any definitive judgment on this.

      22             I think it should be monitored, going

      23      forward, because I think it's a very legitimate

      24      question that you have here there.

      25             SENATOR SANDERS:  Okay, worthy to monitor.







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       1             DR. MICHAEL JENKINS:  If I may add about

       2      broken-windows, too, it's important not to conflate

       3      broken-windows policing with stop, question, and

       4      frisk.

       5             And I think you're right, that a lot of

       6      individual police officers, as well as police

       7      departments, do make that assumption.

       8             And I think Professional O'Connell is right,

       9      is that it is more in line with the community

      10      policing model of engaging with the community and

      11      working with the community to define the problems

      12      that they think are problems to them.

      13             And, then, how are you going to prevent those

      14      problems from arising?

      15             And it shouldn't rely on arrests

      16      specifically, and, it should engage other groups in

      17      that community.

      18             I agree that, you know, you can't make -- you

      19      can't draw conclusions about the current history of

      20      the stop, question, and frisk and/or reduction in

      21      broken-windows policing and it's effect on crime.

      22      It's too soon, statistically, to tell that.

      23             But I think we need to keep in mind, too,

      24      that the connection -- or, the relationship between

      25      disorder and crime, as it comes out in the research







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       1      and in practice, is that this is kind of a

       2      longer-term process in which the mood is set for the

       3      types of behaviors that are going to be deemed

       4      acceptable in a certain area.

       5             So that's what I would like to add about

       6      broken-windows.

       7             Do you have any questions?  Or I can move on

       8      to the --

       9             SENATOR SANDERS:  I will be kind and respect

      10      the Chair.

      11             DR. MICHAEL JENKINS:  Okay.

      12             And then, your specific question to me about

      13      latent racism in an institution, I think one of the

      14      themes that's arisen here is that communication and

      15      empathy go a long way.

      16             And it's the face-to-face positive

      17      interaction between the police and the community

      18      that, for so long, did not interact in positive

      19      ways, and did not have understanding of where the

      20      other group was coming from.

      21             You know, both groups have wronged the other.

      22             Both groups have done wrong.

      23             And it's time to acknowledge those wrongs and

      24      to move past those wrongs.

      25             And we are seeing that done in some







                                                                   314
       1      communities.

       2             Specifically, I'd like to mention

       3      David Kennedy's work in police legitimacy, and what

       4      he is doing with community groups and law

       5      enforcement.

       6             EUGENE O'DONNELL:  I'll just be mercifully

       7      brief, I hope.

       8             But this -- the idea of broken-windows is not

       9      something that I'd subscribe to.

      10             But having said that, on Staten Island,

      11      through 311, it was community people that asked the

      12      police to do that.

      13             So this is the problem with -- again, I'm

      14      asking lawmakers to, respectfully, own the system

      15      they create.

      16             Okay?

      17             And the idea that we are going have reforms,

      18      I think Senator Golden mentioned this, it's pretty

      19      notorious, every year the Legislature adds laws,

      20      every year they may very well add some of the PBA's

      21      requests, because it's a complicated topic.

      22             But to ask people to basically dump this on

      23      the street cops, to get frontally into the face of

      24      police people, that's not right, that's

      25      disingenuous, when lawmakers, again, are the







                                                                   315
       1      architects of the system.

       2             So I got what you're saying, I got the Gandhi

       3      stuff, it's absolutely correct, and it's legitimate.

       4             But, the district attorneys, if we have in

       5      the room, five of them, they can explain why it's so

       6      hard to indict the police.  They should do that.

       7             Before we go forward with a reform package,

       8      five DAs, we can have DAs -- we have DAs --

       9      I think we have an African-American DA in

      10      Albany County -- we can have the DAs come in.  It's

      11      not really a "pick a side" thing.

      12             It's a legal issue, and it's very hard to

      13      indict police officers.  And it's always going to be

      14      unless somebody comes up with something different.

      15             That's why it's so uniformly --

      16             SENATOR NOZZOLIO:  But to be fair,

      17      Mr. O'Donnell, that you heard one of the district

      18      attorneys today suggest that he indicted and

      19      convicted a number of police officers for

      20      misconduct.

      21             EUGENE O'DONNELL:  Misconduct.

      22             SENATOR NOZZOLIO:  He didn't say that was

      23      difficult.  As a matter of fact, he said it was

      24      pretty straightforward.

      25             I asked him the question of, what type of







                                                                   316
       1      special hash marks are necessary in that process?

       2             And he indicated none.  It should be the same

       3      process it is for every citizen.

       4             So I don't know if that's really -- I mean,

       5      you said that it's so extraordinarily difficult to

       6      convict a police officer.

       7             EUGENE O'DONNELL:  I meant use of force,

       8      Senator.  I didn't mean for criminal corruption.

       9      That's not --

      10             SENATOR NOZZOLIO:  You meant, in the

      11      performance of their duty --

      12             EUGENE O'DONNELL:  On-duty use of force.

      13             Off-duty improper stuff, that's an easy

      14      indictment.

      15             On-duty use of force, where there are

      16      surrogates being sent into uncertain situations, no

      17      matter where you are in the country, that's a hard

      18      indictment to get.

      19             SENATOR NOZZOLIO:  Point well-taken.

      20             Thank you very much for all your inputs,

      21      gentlemen, and we appreciate your time very, very

      22      much.

      23             PAUL E. O'CONNELL:  It's an honor to be here.

      24             Thank you very much.

      25







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       1             SENATOR NOZZOLIO:  Stephen Cassidy is

       2      president of the Uniformed Firefighters'

       3      Association, and, Israel Miranda, president of the

       4      Uniformed EMTs, Paramedics & Fire Inspectors.

       5             First and foremost, President Cassidy and

       6      President Miranda, thank you for your willingness to

       7      come together as opposed to individual.

       8             The hour is late.  You have been waiting here

       9      for the longest time, and we thank you for your

      10      patience.

      11             And, if we can, we're just changing the name

      12      tags.

      13             If we could have assistance in changing name

      14      tags?

      15             Great, thank you, Rodney.

      16             And for the record, gentlemen, if you could

      17      just state your name, and your --

      18             STEPHEN J. CASSIDY:  Sure.

      19             SENATOR NOZZOLIO:  Also, there's another

      20      gentlemen.  We don't have your card, but thank you

      21      for introducing yourself for the record.

      22             STEPHEN J. CASSIDY:  This is Bob Unger, my

      23      lobbyist.

      24             Steve Cassidy, president of the

      25      Uniformed Firefighters' Association.







                                                                   318
       1             Thank you for taking the time, this important

       2      topic.

       3             I'm not going to read my testimony.

       4             I'm going to summarize two points that

       5      I think are critical for firefighters and for public

       6      safety in the city of the New York.

       7             The first one, we just marked the

       8      10th anniversary of the Black Sunday fatal fires,

       9      where six firefighters were forced to jump out of a

      10      window in the Bronx because of an illegal conversion

      11      of an apartment.

      12             It is rampant in New York City.

      13             The housing shortage has forced people, some

      14      with good intentions, but many landlords with bad

      15      intentions, to turn a single apartment into an SRO

      16      where three or four or five bedrooms now exist.

      17             It is a hazard for the people who live there.

      18             It's a hazard for the people who live in the

      19      building.

      20             And it is certainly a hazard for

      21      New York City firefighters, because, when you crawl

      22      into a burning building and you have zero visibilty,

      23      you can't see where you're going, and you are really

      24      in a maze now that's been reconstructed.

      25             What was a one-bedroom with an open-floor







                                                                   319
       1      plan is now four bedrooms.

       2             It's a nightmare.

       3             It's what happened in the Bronx.

       4             It happens time and time again.

       5             It's a challenge for New York City

       6      firefighters.

       7             I would like the Senate to take a look at my

       8      testimony on this topic, and any assistance you can

       9      give us on this is critical.

      10             The real problem and challenge is access.

      11             How do we get access to review these

      12      apartments?

      13             How do we get to file, hear complaints, and

      14      get in and say:  This is unacceptable.  You've

      15      turned a one-bedroom into a four bedroom.

      16             They're artificially inflating rents

      17      throughout the city of New York because they can get

      18      more money.

      19             And, so, some of it is greedy landlords, but

      20      it's a real challenge for safety for firefighters.

      21             The second is something that's critical.

      22             Since 2009, when then-Governor Paterson

      23      vetoed the Tier 2 extender bill, all New York City

      24      firefighters and police officers were dumped into

      25      Tier 3.







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       1             There are no disability benefits in Tier 3.

       2             It was an unintended consequence.

       3             I spoke to Governor Paterson several times

       4      about it.  He had no idea that that was a part of

       5      what was going to happen.

       6             So all New York City firefighters and police

       7      officers hired after 2009 do not have real

       8      disability benefits.

       9             When I say "real disability," I mean, they

      10      get $27 a day for a new probationary firefighter if

      11      he's injured in the line of duty.

      12             They come out of probie school, 18 weeks, and

      13      they run into burning buildings to earn their

      14      paychecks.

      15             They're willing to risk their lives, but they

      16      need to have the benefits that everybody else has.

      17             They need to know that if they're seriously

      18      injured that someone will take care of them and

      19      their families.

      20             And that's the way it has always been.

      21             This is not some massive benefit.

      22             And by the way, I view it as a public-safety

      23      component.

      24             The people throughout the city of New York do

      25      not want a firefighter getting off an apparatus,







                                                                   321
       1      looking up at a burning building, and saying to

       2      themselves, "Oh, my God, I better not get hurt

       3      today.  Who's going to take care of my family?"

       4             That thought has never been in our minds.

       5             We took this job.  It's a dangerous job,

       6      we're willing to risk our lives.

       7             But we cannot have to be worried about

       8      what-if?

       9             What if I get burned?

      10             What if I get hurt?

      11             You know, it's a bad policy.  It needs to be

      12      corrected.

      13             We are having some challenges with the

      14      City Council on this, although we do have some

      15      momentum.

      16             And I certainly would like the support of the

      17      Senate and the Assembly.

      18             We're going to need a bill to get this

      19      resolved.

      20             And, maybe, if we don't have the support in

      21      the council for what I view as some possible

      22      political reasons, there's some unhappiness, this

      23      needs to be done for firefighters and police

      24      officers in the city of New York.

      25             And it absolutely is something they deserve.







                                                                   322
       1             You can't have some firefighters get off a

       2      rig, look at a burning building and not be worried

       3      about anything but doing their job, and some getting

       4      off and saying, "Oh, my God, if I get hurt, who's

       5      taking care of my family?"

       6             So that's my testimony today.

       7             SENATOR NOZZOLIO:  Points well-taken.

       8             Any questions?

       9             SENATOR GOLDEN:  Real quick, yes.

      10             SENATOR SANDERS:  The man is right.

      11             SENATOR GOLDEN:  He is absolutely right.

      12             But you know what?  I believe that we can

      13      take a look at doing a statewide bill, versus

      14      waiting for a home-rule message here, because this

      15      is a universal issue across the state of New York;

      16      so, therefore, it hits every county.

      17             So, therefore, I think we, as four

      18      Committees, should take a look at a statewide bill

      19      on that disability bill, so that those officers,

      20      both police and fire, have the ability to get that

      21      disability.

      22             There's only one county, I think, that is not

      23      in sync in the entire state of New York, and

      24      I believe that might be Nassau County.  And

      25      I believe that that can be corrected in this







                                                                   323
       1      statewide bill.

       2             So, if we can't get that from the

       3      City Council, we should, as a Senate body, seriously

       4      look at this, and see how we can put a statewide

       5      bill forward.

       6             That's number one.

       7             Number two, the illegal conversions that have

       8      cost those six firemen their lives, they forget, the

       9      people, the memories are short here in the city of

      10      New York, when you lost another five firemen over in

      11      Brooklyn on Flat Bush Avenue.  That was not an

      12      illegal conversion.  That was a supermarket fire.

      13             But, again, we lost large numbers of firemen

      14      over the years.

      15             When it came to 9/11, a captain looked at the

      16      men on that truck as they were running into that

      17      building, and he looked at the men and he looked

      18      them in the eye and said, "Some of us are going to

      19      die here today."

      20             Not one of them, not one of them, turned

      21      their back.  Every one of them ran into that

      22      building and ran up that stairs, and, some of those

      23      men on that truck died.

      24             So they went in there for a reason: to

      25      protect life and property.







                                                                   324
       1             And we have to make sure that those officers

       2      don't have to second-guess, when they're going into

       3      a fire, if their family, and that police officer

       4      that's going out that night on patrol, that their

       5      families are not going to be taken care of.

       6             It's wrong, and we got to make sure we do the

       7      right thing.

       8             STEPHEN J. CASSIDY:  Well, thank you for your

       9      comments on that.

      10             SENATOR GOLDEN:  The other areas that we

      11      would like to talk to you, is if there's anything

      12      else that we can do for the fire department, if

      13      there is anything that you need to talk to our

      14      finance people about, besides this three-quarter

      15      bill, I would suggest you do it quickly, because

      16      it's important that it get done quickly.

      17             STEPHEN J. CASSIDY:  Okay, I will.

      18             And let me just add one thing.

      19             The New York City Fire Department is going

      20      through, after a federal lawsuit and court

      21      challenges, a new hiring process.

      22             They hired a company to come up with a new

      23      exam.  That new exam has yielded much more

      24      diversity.

      25             The last graduating class of probie school







                                                                   325
       1      was, two-thirds of the probationary firefighters

       2      were Black, Hispanic, or women.

       3             That's never happened before.

       4             It's a good change for the department.

       5             They need to reflect the diversity of the

       6      community, as long as they continue to recruit good

       7      people, which they are.

       8             I've been an advocate for the standards, but

       9      now that we are getting diversity in the fire

      10      department that so many people have wanted, they

      11      have second-class benefits.

      12             It's a disgrace.

      13             I'm not going to let it happen.  It's going

      14      to get resolved.

      15             I want to have all of your help.

      16             But we are not going to have -- we're not

      17      going to have two separate groups of people running

      18      into buildings, and some saying, "I'm okay if I get

      19      hurt," and the new kid saying, "I'm not okay if

      20      I get hurt."

      21             It's unacceptable.

      22             SENATOR GOLDEN:  The unfortunate reality in

      23      the New York City Police Department, the morale is

      24      desperate.

      25             In the NYFD, on the other hand, you see







                                                                   326
       1      firemen wanting to stay on that job 30 years.

       2             When you're a police officer, you see them

       3      counting the days and hours to get out on a 20-year

       4      retirement.

       5             It's unfortunate that we have that.

       6             So we need to be able to change that dynamic,

       7      and to find out how we can make this job a real

       8      career job and keep these people on the job longer,

       9      and do as you said, make these officers feel that

      10      they have the support of the people of this state,

      11      in making sure that there are benefits, as well as

      12      the police department.

      13             But you are a model for keeping people on the

      14      job.

      15             Keep up your good work.

      16             STEPHEN J. CASSIDY:  Thank you.

      17             SENATOR NOZZOLIO:  President Cassidy, your

      18      testimony will be submitted in its entirety for our

      19      record.

      20             We want President Miranda to have the same

      21      opportunities.

      22             Your testimony, President Miranda, will be

      23      part of the entire record.

      24             If you would be so kind as to summarize your

      25      major points.







                                                                   327
       1             ISRAEL MIRANDA:  Yes, I'll keep it as short

       2      as possible.

       3             Thank you.

       4             First of all, I'd like say, on behalf of the

       5      firefighters and police officers, they're

       6      100 percent right about those benefits, and

       7      I support that 100 percent.

       8             You know, this is a no-brainer.  They should

       9      have their three-quarters.

      10             Everybody who puts their lives on the line

      11      should have those benefits.

      12             But now I'm going to get to my issues.  Okay?

      13             First of all, I thank you for the opportunity

      14      to testify today.

      15             My name is Israel Miranda.  I represent about

      16      3500 EMTs and paramedics.  We do about 1.6 million

      17      emergency calls a year.

      18             That's about 4,000 a day.

      19             Unlike our brothers and sisters in law

      20      enforcement, we do not respond to emergency calls

      21      expecting possible confrontation.

      22             So what's been happening is, my people have

      23      been getting assaulted, unfortunately.  They

      24      continue being assaulted at a higher rate than any

      25      group in the 911 system.







                                                                   328
       1             Nationwide, assaults is the number-one injury

       2      suffered by emergency medical personnel.

       3             52 percent of reported non-vehicular injuries

       4      are assaults.

       5             Based on the size of my workforce, our

       6      statistics reveal that emergency medical-service

       7      field providers are, at most, twice as likely to be

       8      assaulted in the line of duty than a police officer

       9      or correction officer.

      10             Many of these cases go unreported.

      11             Under the current law, which is

      12      Penal Law 120.5, assault in the second degree, which

      13      is a Class D felony, the language of this law is

      14      problematic.

      15             Prosecutors in the court in pursuing a felony

      16      conviction have a hard time with it.

      17             Terms such as "physical injury" or

      18      "impairment" or "intent" can be very subjective, and

      19      vague, in the court of law.

      20             Many violators receive community service.

      21             We've had many members who have been

      22      pummeled, and members with broken bones, and the

      23      assailants were prosecuted to minor penalties with

      24      no jail time.

      25             I have attached stories that you can look at.







                                                                   329
       1             These assaults are not considered serious or

       2      permanent in the eye of the law.

       3             Unfortunately, the psychological aspects of

       4      this encounter will affect this provider every time

       5      they are in the back of the ambulance for years to

       6      come.

       7             Irrespective of whether such assault leads to

       8      impairment or serious physical injury, we must

       9      strengthen the existing law to protect our

      10      front-line protectors.

      11             When it's Ebola, or anything else, my people

      12      are on the front line.

      13             We need to protect these first responders so

      14      they know that the law works for them.

      15             You know, they say that you can indict a ham

      16      sandwich.  Right?

      17             I heard that said here earlier today.

      18             Then why is it that we can't indict someone

      19      who punches a paramedic and pummels him, and he's

      20      out six weeks, for performing his duty?

      21             I don't understand it.

      22             I'm asking this Joint Committee to include in

      23      your legislative package some real language that

      24      protects the best EMS professionals in the country.

      25             I thank you, and I will answer any questions







                                                                   330
       1      you may have.

       2             SENATOR GOLDEN:  You have that bill?

       3             UNKNOWN SPEAKER:  Yes, we do.

       4             SENATOR GOLDEN:  Yes, okay, so now we got to

       5      get it passed.  It's that simple.

       6             I think it's the important thing for the

       7      paramedics that are out there protecting our city,

       8      that they have the protections of this great court

       9      system --

      10             SENATOR NOZZOLIO:  And we pass this in the

      11      Senate every year.

      12             SENATOR GOLDEN:  Yes, we pass it every year.

      13             We can't get it passed in the Assembly.

      14             SENATOR NOZZOLIO:  It's important to mention

      15      that.

      16             SENATOR GOLDEN:  We cannot get this passed in

      17      the Assembly, and we have to get it passed in the

      18      Assembly, and we got to get the Governor to sign it.

      19             And I think that's the problem, one of our

      20      problems.

      21             But we have new leadership in the Assembly,

      22      and, hopefully, the individual that's taken over

      23      leadership will see the value of this bill and get

      24      this bill passed in the Assembly this year coming

      25      up.







                                                                   331
       1             But it's an important bill, and I hate to see

       2      anybody get hurt.

       3             You're very important in your work.

       4             ISRAEL MIRANDA:  I want to thank you, guys.

       5             Just like we have been here all day, you've

       6      been here all day.  And I want to thank you for your

       7      patience, and staying here all day with us, just to

       8      hear what we had to say.

       9             SENATOR NOZZOLIO:  Thank you, Israel.

      10             Israel, these clippings you showed were

      11      terrible.  Just absolutely terrible.

      12             There are laws on the books that can be

      13      prosecuted.

      14             We are trying to get more of them in

      15      Senator Golden's bill.

      16             We have other bills, where there's the

      17      indignity of individuals using their bodily fluids

      18      as weapons.

      19             The indignity to firefighters, to EMTs,

      20      other emergency medical personnel, and police

      21      officers, where individuals have just done the

      22      unspeakable to people that are trying to help them.

      23             And, we want to continue.

      24             Thank you for putting your comments on the

      25      record because we share your concerns.







                                                                   332
       1             We'll do everything we can, and we'll

       2      continue to push for these measures.

       3             SENATOR GOLDEN:  One quick question.

       4             On the Ebola issue, are you guys well-trained

       5      on the Ebola?

       6             ISRAEL MIRANDA:  Actually --

       7             SENATOR GOLDEN:  The police department, they

       8      came up and made comments earlier that they're not

       9      that well-trained.

      10             ISRAEL MIRANDA:  Actually, I think that the

      11      process that we put together, because we have

      12      members that were trained to respond to these type

      13      of calls, based on their -- it's being followed all

      14      over the country now.

      15             Obviously, if it wasn't for these people in

      16      place, working with the firemen, we don't know, we

      17      could have had another Texas, or somewhere else over

      18      here, where they were unprepared.

      19             STEPHEN J. CASSIDY:  The Fire Commissioner

      20      did a great job.

      21             The Fire Commissioner did a great job getting

      22      firefighters prepared.

      23             So, we're happy.

      24             ISRAEL MIRANDA:  We're very happy.

      25             SENATOR GOLDEN:  Thank you.







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       1             SENATOR NOZZOLIO:  President Cassidy and

       2      President Miranda, thank you very, very much.

       3             ISRAEL MIRANDA:  Thank you.

       4             STEPHEN J. CASSIDY:  Thank you.

       5             SENATOR NOZZOLIO:  Last, but certainly not

       6      least of our testifiers, is Michael Palladino,

       7      president of the Detective's Endowment Association.

       8             SENATOR GOLDEN:  A man of great patience.

       9             MICHAEL PALLADINO:  The gentleman with me is

      10      Philip Karasyk, general counsel to the detectives'

      11      union.

      12             Senator, before I speak, you mentioned before

      13      about the difference between the police and the

      14      fire.

      15             The distinct difference, over the years, is

      16      that instead of asking, "Hey, how much time do you

      17      have on the job?" they ask, "How much time do have

      18      you left?"

      19             SENATOR GOLDEN:  That's sad, though, isn't

      20      it?  It's a sad comment.

      21             SENATOR NOZZOLIO:  It's almost like a

      22      sentence.

      23             MICHAEL PALLADINO:  All right, if I may

      24      start --

      25             SENATOR NOZZOLIO:  Please.







                                                                   334
       1             MICHAEL PALLADINO:  -- my written statements

       2      are brief.

       3             Starts out with, "Good afternoon," but

       4      I think I'll change it to, "Good evening."

       5             SENATOR GOLDEN:  It will be "good night"

       6      soon, too.

       7             MICHAEL PALLADINO:  Good evening members of

       8      the New York State Senate, and thank you for

       9      permitting me to testify before you today.

      10             Being last in the lineup, there is not much

      11      left to say that hasn't already been said, but

      12      I would like to re-enforce some key points.

      13             In our post-9/11 world, law enforcement's

      14      role has become even more essential as our daily

      15      duties now include counterterrorism to go along with

      16      proactively policing our neighborhoods against

      17      traditional crime.

      18             The brave men and women of law enforcement

      19      strive each and every day to ensure a safe society

      20      for all members of the public in a fair and

      21      democratic way, pursuant to our Constitution.

      22             As many of you already know, I hold two

      23      positions.

      24             I'm the president of the

      25      Detective's Endowment Association, which represents







                                                                   335
       1      17,000 active and retired detectives of the NYPD.

       2             At the same time, I hold the position of

       3      president of the New York State Association of

       4      PBAs, representing approximately 75,000 active and

       5      retired law-enforcement officers throughout the

       6      state of New York.

       7             Equally important to me, though, I'm in my

       8      36th year as an active member of the NYPD and very

       9      proud of every minute served.

      10             The NYPD is a magnificent agency charged with

      11      the awesome responsibility of protecting this city

      12      from crime and terror.

      13             I know I'm preaching to the choir when I say

      14      that New York City is the economic engine for our

      15      great state, and maybe the world.

      16             I do believe the energy source for this

      17      engine is the public safety provided by the NYPD and

      18      the other local, state, and federal law-enforcement

      19      agencies operating in New York State.

      20             The hard-working men and women of the NYPD

      21      put their lives on the line every day for the people

      22      of this city.

      23             All we request in return is a little support

      24      and respect.

      25             I am before you today to discuss a few







                                                                   336
       1      important issues regarding the upcoming budget as it

       2      relates to the NYPD and law enforcement.

       3             The first is a request for funding to assist

       4      the City of New York in increasing the NYPD

       5      staffing, and to improve much needed equipment,

       6      including up-to-date bullet-resistant vests.

       7             The second issue is the Governor's proposed

       8      legislation, bill Senate 2011, as it pertains to law

       9      enforcement; specifically, an independent monitor.

      10             With respect to the NYPD headcount,

      11      pre-September 11, 2001, the NYPD's total headcount

      12      was approximately 41,000, and of those, 7100 were

      13      detectives.

      14             Today the headcount is barely 35,000, and the

      15      detectives have been reduced from 7100 down to

      16      5,000.  That's almost a 30 percent reduction.

      17             This reduced-staffing model is going on at a

      18      time when the world is in turmoil and our city

      19      remains the number-one terror target.

      20             The rank of detective has also been spread

      21      quite thin due to the counterterrorism duties in

      22      addition to investigating traditional crimes.

      23             For instance, a precinct detective squad is

      24      really considered the patrol force of the NYPD's

      25      famous detective bureau.







                                                                   337
       1             The detectives assigned to those squads

       2      investigate all the crimes occurring in their

       3      respective commands; and more importantly, they deal

       4      directly with the victims of the crime in a

       5      one-to-one relationship.

       6             The victims come to know their investigators

       7      quite well during the course of an investigation,

       8      and they rely heavily on them to investigate their

       9      cases and bring them to a successful conclusion.

      10             Needless to say, because the precinct

      11      detective squads are so short-staffed, assigned

      12      detectives are carrying caseloads far greater than

      13      they once handled.

      14             As a result, delivery of service to the crime

      15      victim gets delayed by no fault of our detectives.

      16             In addition, technology has created new leads

      17      and new avenues of investigation that are quite

      18      helpful in developing a case and tracking those

      19      responsible.

      20             However, you still need the warm body, the

      21      human being, to chase down those leads.

      22             It is extremely time-consuming, and

      23      detectives can spend an entire day accessing

      24      technological information and reviewing videotapes

      25      on just one fraud investigation, so they can easily







                                                                   338
       1      get backed up on their other investigations.

       2             Now, despite being short-staffed, too often,

       3      detectives are reassigned from their active

       4      investigations to police parades and demonstrations.

       5             In the most recent series of demonstrations

       6      following the Eric Garner case in Staten Island,

       7      detectives were regularly reassigned to police those

       8      demonstrations, putting their active investigations

       9      on hold, while still catching new cases, even though

      10      they were standing out in uniform working the demo.

      11             Having worked in a Bronx detective squad

      12      myself for 11 years, I can tell you firsthand that

      13      the last thing a victim wants to hear is that you

      14      could not work on their investigation because you

      15      were at either a parade or a demonstration.

      16             But this is common in a busy detective squad

      17      that's understaffed.

      18             And having said that, I would welcome any

      19      funding that the State could provide, of course, for

      20      equipment and bullet-resistant vests.

      21             But what is really needed is for the budget

      22      to include funding to restore the NYPD's overall

      23      headcount to at least 38,000.

      24             So I respectfully ask the members of the

      25      Senate to consider that because it is in the best







                                                                   339
       1      interests of your constituents and mine.

       2             Second issue I would like to discuss is the

       3      Governor's proposal for an independent monitor to

       4      review a grand jury decision not to indict police

       5      officers when deadly physical force is used against

       6      an unarmed individual.

       7             I respectfully submit to you that it's

       8      unwarranted, redundant, and it creates, at the very

       9      least, a double-standard just for cops while

      10      eviscerating their constitutionally guaranteed right

      11      to equal justice under the law.

      12             Sp I respectfully request that the Senate

      13      reject the idea of the independent monitor.

      14             The idea, obviously, emanated from the

      15      Eric Garner controversy in Staten Island last

      16      summer.  The grand jury decision was not to indict

      17      the police officers involved.

      18             Legislating an independent monitor would

      19      suggest that the integrity of Mr. Dan Donavon, his

      20      assistant DA who presented the case, as well as the

      21      integrity of every single prosecutor in this state,

      22      is suspect.

      23             It also implies that the 23 grand jurors who

      24      were peers of Mr. Garner were being influenced by

      25      their own prejudice and disregarded the evidence,







                                                                   340
       1      the eyewitness accounts, and testimony of expert

       2      witnesses when they voted to clear the officers

       3      involved.

       4             I think it's simply absurd and could not be

       5      farther from the truth.

       6             In my 36 years in law enforcement, I have

       7      found that our criminal justice system works very

       8      well.

       9             My experience with the district attorneys in

      10      the five boroughs and the surrounding counties in

      11      New York State tells me that they perform the duties

      12      of their elected positions in a fair and even-handed

      13      manner.

      14             In my capacity as a union president over the

      15      last 11 years, I can tell you firsthand, that if one

      16      of my members was involved in criminal activity,

      17      either on or off duty, they were prosecuted and

      18      received no special treatment.

      19             In 2006, three of my detectives were indicted

      20      in the death of Sean Bell in Queens.

      21             The case received global publicity and media

      22      coverage consistent with controversial deaths in

      23      police custody.

      24             Death in police-custody cases receives so

      25      much attention that a district attorney would have







                                                                   341
       1      to be out of his or her mind to give even the

       2      appearance of special treatment to the police

       3      involved in such a case.

       4             When the detectives were indicted,

       5      I disagreed with the indictment, but I didn't

       6      condemn the justice system, nor did I call for

       7      legislative reform, because I didn't get my way.

       8             I accepted the indictments and I prepared for

       9      the next phase in the system, because I believe in

      10      the system, I trust the system, and I respect our

      11      criminal justice system.

      12             The independent monitor is unnecessary

      13      because there presently exists two avenues to review

      14      a grand jury's decision not to indict.

      15             One is under the criminal-procedure law.

      16             The other is provided by the executive law,

      17      and already authorizes the governor to replace a

      18      local district attorney with a special prosecutor if

      19      he feels an injustice has been committed.

      20             So I am opposed to the appointment of an

      21      independent monitor for a number of reasons.

      22             It can be easily construed to be a mandate to

      23      indict police officers in controversial situations

      24      when the facts do not justify an indictment.

      25             Speaking realistically, no one wants to be







                                                                   342
       1      scrutinized or second-guessed, especially by a

       2      politically-appointed monitor.

       3             I feel the specter of the monitor looming

       4      over the district attorney could have a chilling

       5      impact on the impartiality of the prosecutor's

       6      presentation to a grand jury.

       7             A strong possibility would then exist that a

       8      prosecutor could be inclined to indict simply to

       9      avoid the monitor and the negative publicity

      10      accompanied with it.

      11             An independent monitor could pervert the

      12      system by substituting political considerations in

      13      place of the facts and the law, resulting in a

      14      police officer being denied his or her due process.

      15             On any given day in this city, there are

      16      about 10 million people, between the commuters, the

      17      tourists, the residents; and at the same time, there

      18      are about 35,000 police officers in the city that

      19      cross paths with the public.

      20             That equates to hundreds of thousands of

      21      interactions a day.

      22             On rare occasion, there's an encounter that

      23      generates intense media attention.

      24             However, the controversies are miniscule in

      25      comparison to the overall number of interactions







                                                                   343
       1      between the public and the police.

       2             What occurred in Staten Island was tragic,

       3      but it is unfair to condemn the NYPD and deprive

       4      dedicated police officers of their right to due

       5      process.

       6             New York City police officers are the most

       7      restrained officers in the country.

       8             Annually, we effect about 400,000 arrests per

       9      year, and despite the countless number of encounters

      10      with armed felons, we discharge our weapons far less

      11      per capita than other departments in other big

      12      cities.

      13             The Governor's proposal for criminal justice

      14      reform misses the real point and focuses only on the

      15      police.

      16             The proposal fails to address the underlying

      17      problem that led to the Eric Garner incident, and

      18      that's resisting arrest.

      19             So how do we train for, and what do we do in

      20      a situation, when an unarmed suspect verbally

      21      resists and does not offer any physical resistance?

      22             Should we be expected to simply walk away?

      23             And even though resisting a lawful arrest is

      24      a crime, many district attorneys rarely prosecute

      25      defendants for resisting unless the officer receives







                                                                   344
       1      a serious injury.

       2             Many assistant district attorneys view

       3      resisting arrest as simply a cost of doing business

       4      and they decline to charge the suspect.

       5             Effective criminal justice reforms should

       6      mandate stricter penalties for resisting arrest and

       7      require that district attorneys prosecute offenders

       8      to deter them from committing resisting arrest.

       9             In closing:

      10             In recent weeks, the Governor has been

      11      quoted, reminding the public, to "Trust and respect

      12      the justice system."

      13             Well, I agree with the Governor, as long as

      14      that trust and that respect extends to the men and

      15      women of law enforcement who risk their lives every

      16      day.

      17             I would be happy to answer any questions.

      18             But, being that Senator Perkins isn't here,

      19      if I may, you know, fill in the blanks with respect

      20      to the interrogation questions, the videotaping

      21      questions, he asked.

      22             Quite a few years ago, when

      23      Commissioner Kelley was in charge of the NYPD,

      24      working along with me and the DEA, we put a pilot

      25      project together, and that pilot project was to







                                                                   345
       1      commence videotaping in the 48th Precinct in the

       2      Bronx, the 67 in Brooklyn, the 122 in Staten Island,

       3      and the 113 detective squad in Queens.

       4             And the original pilot project was the

       5      videotaping of simple assaults.  And, I think we

       6      were just videotaping the suspects.

       7             As a result of the pilot project, it was

       8      expanded slightly to include now homicides.

       9             And, we're going to start including

      10      assaults -- I mean, burglaries and robbery, first

      11      and second degree.

      12             And we also are finishing out the 71 Precinct

      13      interview room and getting that ready for

      14      videotaping as well.

      15             So that's where we are right now with that

      16      pilot project.

      17             I like pilot projects.

      18             That's why I agreed to it with

      19      Commissioner Kelley, because it gives both labor and

      20      management an opportunity to examine the issue, work

      21      the kinks out, see if it works, and, see what's good

      22      and what's bad.

      23             SENATOR NOZZOLIO:  What have the results been

      24      so far?

      25             MICHAEL PALLADINO:  The results have been







                                                                   346
       1      pretty good so far.

       2             You know, it was limited to the crime of

       3      assault.  They're going to expand it a little bit.

       4             I have been on the record quite a bit over

       5      the years with respect to the videotaping.

       6             My concern is that, you know, it works in

       7      some of these smaller police departments, but

       8      I think the issue that we are going to have in the

       9      NYPD, especially, you know, with short-staffing and

      10      the detective squad and the caseload being so low,

      11      is that the volume of cases that we handle in a

      12      detective squad, I don't know if one interview room

      13      is going to be enough.

      14             And, I foresee it being, you know, an

      15      overtime bonanza for detectives.

      16             But, certainly, it's going to be difficult,

      17      I think, for the police-department budget and the

      18      City Council to fund the overtime that's going to be

      19      had by detectives, you know, sitting in an interview

      20      room.  Or, you know, some detectives have 10,

      21      12 detectives in a squad catching cases, and I could

      22      see them lining up, just waiting for that interview

      23      room to free up.

      24             And you can't say, Well, the 48, let's send

      25      them over to the 52 up in the Bronx and let them use







                                                                   347
       1      their interview room, because the 20 detectives in

       2      the 52 are going to be lining up to use that

       3      interview room as well.

       4             SENATOR NOZZOLIO:  I'd like to take you to

       5      another point, President Palladino, the issue of --

       6      that you addressed, and we've asked others to

       7      address as well; and that is the issue of upping the

       8      penalties for those who are resisting arrest, again,

       9      as an effort to protect those officers, particularly

      10      line officers who are making the arrests.

      11             The proposal, or suggested proposal, is to

      12      take it to a Class E felony.

      13             Your opinion?

      14             MICHAEL PALLADINO:  Well, I think a stricter

      15      penalty would be helpful.

      16             And, certainly, I think that it has to be a

      17      commitment by the district attorneys to charge it,

      18      though.

      19             So, they have to go hand in hand.

      20             SENATOR NOZZOLIO:  With a misdemeanor,

      21      there's less of a reason, I think, for district

      22      attorneys, we find it, generally, that if an issue

      23      rises to the level of a felony, they're more likely

      24      to prosecute them on a measure such as that, as

      25      opposed to a misdemeanor.







                                                                   348
       1             MICHAEL PALLADINO:  Yes.  And, once it rises

       2      to the level of a felony, then it has to be

       3      presented to the grand jury as well.

       4             SENATOR NOZZOLIO:  So that's something we are

       5      certainly going to be considering as a

       6      recommendation, and your endorsement of that is an

       7      important element to us.

       8             The other issue you recommended was,

       9      basically, to oppose the so-called "monitor"

      10      proposal to add an additional layer of review.

      11             Elaborate on that just a bit.

      12             MICHAEL PALLADINO:  Well --

      13             SENATOR NOZZOLIO:  And maybe to be helpful,

      14      District Attorney Donovan suggested he already has a

      15      monitor when he has to present a case, and that's a

      16      supreme court judge.

      17             Isn't it different, if you have a

      18      supreme court judge having to decide not to report a

      19      case [unintelligible] negative --

      20             MICHAEL PALLADINO:  As opposed to a monitor.

      21             SENATOR NOZZOLIO:  -- as opposed to a monitor

      22      reporting a case?

      23             Yes.

      24             In effect, that adds the additional layer,

      25      regardless.







                                                                   349
       1             In effect, you have, in order not to

       2      prosecute a police officer, you have to have an

       3      additional layer, as you would today, if there's

       4      no-bill, there's no-bill by the grand jury.

       5             Here, under the proposal, if you had no-bill,

       6      you would have to have another review, and that

       7      being that of the supreme court judge.

       8             That was District Attorney Donovan's

       9      suggestion.

      10             I think the Governor has another so-called

      11      "independent" review process that he's proposing.

      12             MICHAEL PALLADINO:  Well, my understanding of

      13      the law that I read, I guess the CPL, and that's

      14      with respect to the CPL, that if a no-true bill is

      15      voted, then a second grand jury can be convened, if,

      16      there is new significant evidence.  And the other

      17      reason would be, if there was some type of

      18      procedural error.

      19             SENATOR NOZZOLIO:  Let me be more clear.

      20             That we're not talking about the mechanisms

      21      today.

      22             MICHAEL PALLADINO:  Okay.

      23             SENATOR NOZZOLIO:  What we're talking about

      24      is the proposals that some are making, to say to the

      25      grand jury process, if a police officer is involved,







                                                                   350
       1      that, in effect, another review, above the grand

       2      jury, or on top of the grand jury, has to be

       3      established.

       4             I think you in your testimony indicated that

       5      you thought that that was inappropriate.

       6             MICHAEL PALLADINO:  Oh, we're against that,

       7      yes.  I think it's redundant, and I do not think

       8      it's necessary.

       9             I mean, you know, realistically speaking, the

      10      district attorneys, they lock us up all the time.

      11      You know, there's no special treatment that's given

      12      to us.

      13             And, you know, to suggest that either

      14      Dan Donovan, or the assistant who presented, or even

      15      the 23 grand jurors, just, you know, abandoned their

      16      civil duty just to give the cop a break, I mean,

      17      that's absurd.

      18             This is 2015 in the United States.  It's not

      19      the 1960s.

      20             It's quite different time.

      21             And you have videotaping that's out there,

      22      too.

      23             So, you know, I just do not think it's

      24      necessary.

      25             I think it was, you know, just a political







                                                                   351
       1      response by the Governor, you know, due to the

       2      marches, and due to -- let's face it, I'm sure that

       3      it ran parallel with Ferguson, what happened out in

       4      Ferguson, Missouri.

       5             And I think that, you know, running parallel

       6      with that, there was a lot of emotionally-charged

       7      feelings there.

       8             And I don't think it's necessary at all.

       9             SENATOR NOZZOLIO:  Senator Golden.

      10             SENATOR GOLDEN:  I think your testimony was

      11      outstanding.

      12             And I want to thank you for putting in the

      13      time here this evening and being here, and giving us

      14      your testimony.  And that's why you are the

      15      president of the greatest detective unit in the

      16      country.

      17             But I got a question for you.

      18             The -- you see the number of detectives that

      19      you have today, and you see the impact on these

      20      different events that going on around the city of

      21      New York, and how you have to participate, and how

      22      you are pulled out of the precincts to go to do

      23      these different events, and how it puts a drain on

      24      manpower.

      25             Then we talk about having video on the







                                                                   352
       1      violent crimes, we'll say.

       2             So we're are going to video them, so that's

       3      going to be more work that your men and women are

       4      going to have to do.

       5             And then, of course, what's brought into it

       6      is technology.

       7             Technology is -- has become a tremendous

       8      friend of the police department; but, obviously,

       9      that is immensely time-consuming.  And that, again,

      10      takes the men and women from case to case, and it

      11      takes them a long period of time.

      12             So how many men and women do you effectively

      13      need to be able to run your unit, especially with

      14      the -- or the detectives here in the city of

      15      New York, especially coming up, as the Commissioner

      16      has announced, that he has another new unit coming

      17      out of which I'm sure you are going to be part of?

      18             MICHAEL PALLADINO:  Well, in my testimony

      19      I said that, if we can bring the headcount up to

      20      38,000, and I don't mean a one-shot deal.

      21             We have to continue to hire above and beyond

      22      to offset the amount of retirements and to keep the

      23      NYPD head count at around 38,000.

      24             I say 38,000.

      25             You know, I don't know what the -- you know,







                                                                   353
       1      what the Commissioner would say.

       2             But, 38,000.  And we get, about 15 percent of

       3      the headcount is of the rank of detective.

       4             So that would give us probably another 450 to

       5      500 detectives, and that will help us staff the

       6      understaffed detective squads.

       7             SENATOR GOLDEN:  The redefinition of -- not

       8      the redefinition -- but the focus of the Governor on

       9      deadly physical force, you didn't mention that in

      10      your testimony.

      11             What is your -- since we haven't seen the

      12      language on the bill, so, that is very concerning.

      13             But, do you believe that the council that he

      14      wishes to create, where you have deadly physical

      15      force, a council that would create a legislation on

      16      deadly physical force on a statewide level?

      17             And then if you did not adhere to what the

      18      council -- the way I understand it, that you did not

      19      conform to the council, that you would have to come

      20      up with your own independent "deadly physical force"

      21      legalization, which all counties, cities, towns, and

      22      villages already do across this state.

      23             Do you see a problem with that?

      24             MICHAEL PALLADINO:  Well, yes, I do.

      25             I guess what the Governor is proposing







                                                                   354
       1      that -- with whatever "deadly physical force" policy

       2      he comes up with, that would be the bare minimum

       3      that departments around the state would have to

       4      employ.

       5             Well, you know, without seeing the

       6      legislation, or exactly what he is talking about,

       7      it's very difficult to really weigh in, but, you

       8      know, I find that really problematic.

       9             I think what we have done here in

      10      New York City, I think it works, it has worked.

      11             And as I said, the controversial police

      12      incidents that we have, when you compare them to the

      13      hundreds of thousands of encounters a day that the

      14      police have with the public, they're really

      15      miniscule.

      16             So I think the Governor is trying to address

      17      an issue that, really, it doesn't exist.

      18             SENATOR GOLDEN:  I want to thank you.

      19             No, that's all right, we're finished.  We're

      20      finished.

      21             I want to thank you for coming here today,

      22      for putting in the time.

      23             But I also want to thank the Senate staff,

      24      from all of our offices, that came down from Albany,

      25      and the Mayor's people that are still here, and,







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       1      Kelly Comings [ph,] and all of the -- Beth and

       2      Garvey, and all of the staff, and Adam, for putting

       3      in this extra-long day.

       4             There's is no overtime for this.

       5             So we want to thank you guys for doing all

       6      the great work that you do.

       7             Thank you very, very much.

       8             MICHAEL PALLADINO:  Thank you, gentlemen.

       9

      10                  (Whereupon, at approximately 6:06 p.m.,

      11        the public hearing held before the four

      12        New York State Senate Standing Committees

      13        concluded, and adjourned.)

      14                            ---oOo---

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