Statement of Norman Siegel-4/27/08

"Campaign for Systemic Change Re: Police Misconduct Cases"

The verdict in the Sean Bell case underscores the need for systemic change in the way New York handles police misconduct cases.

First, We need to create a Statewide permanent Special Prosecutor for Corruption and Brutality.

The current system relies on locally elected prosecutors, usually county district attorneys, to prosecute police misconduct cases. The system ignores the built in conflict of interest of the
D.A. offices, that is the result of a routine working relationship between the D.A. and the police. It also overlooks the reality that the D.A. 's offices often lack the necessary expertise and experience in handling cases involving complex police/community relationships.

In the Bell case, numerous serious questions remain unresolved. For example, why didn't the prosecutors ask the Judge to include the lesser included charge of criminal negligent homicide. In New York City, police officers on duty were found guilty of homicide on three occasions. (1977, 1996, 2003) In each case the officer was convicted of criminal negligent homicide. (Manslaughter 1 and Murder 2 charges require the proof of intent, which usually is not present in these cases.) Also, why did the prosecutors read into the record the defendants Grand Jury testimony a decision that almost guaranteed that none of the three defendants would take the stand, thus forfeiting the opportunity to cross-examine. Why didn't the prosecutors call an expert witness to the stand to describe alternative ways for an officer to approach Sean Bell's car as distinguished from the way they approached his car.

Accountability of police officers who engaged in illegality, especially brutality, is too often illusory.

The time to confront and ameliorate this problem is now. The time to create a New York State Special Prosecutor for Corruption and Brutality is now. The challenge is for Governor David Paterson to lead a statewide effort to bring about changes in the investigation and prosecution of police officers charged with illegality.

What else can we do?

Second, we need to strengthen the Civilian Complaint Review Board.

A. Time requirements to respond to civilian complaints
B. Monthly town hall meetings
C. Legal Unit to prosecute cases
D. Increase Statute of Limitations from 18 months to 3 years.

Third, Establish Commission to review the training at the Police Academy-increase training from 6 months to 1 year.

Fourth, Increase police pay-at least starting salaries.

Fifth, Initiate periodic psychological testing.

Today, we call for a renewed campaign for how we investigate and prosecute allegations of police illegality and how we achieve police accountability. It will take a coalition effort on behalf of all New Yorkers. It will need the leadership of Governor Paterson and Mayor Bloomberg and the federal, state and city elected officials. It will also need the cooperation of the law enforcement community including the leaders and rank and file of police unions. It can be done. It must be done.