“Whether an officer was disciplined five years ago for making a bad stop has nothing to do with whether a defendant today murdered his mother,” Mr. Byrne said. “It may bear on whether people will believe that officer at trial, but it doesn’t bear on the issue of whether the defendant murdered his mother.”
Ah, Mr. Byrne, but it does bear on the issue if the cop in question has more that your misleading, "bad stop" in his record, such as a history of perjury or misleading statements. Or eagerness to close a case, even if that means sending an innocent person to prison. But hey, who cares if the likes of Mr. Byrner is there or the police union officer is there to cover for you? If that tainted cop gives testimony under oath, then the defense is entitled to internal records that show that same cop has more on his record than just a "bad stop."
There are many good cops, no doubt. But there are many dirty ones, too. Much of the general public has no idea how the criminal justice process works. It's much uglier than most people can imagine. Vance has his faults, but he is right on this issue.
1
Release Joey P's disciplinary record. This is a bad dude and he needs to be put down by Vance. Remember what they say about Karma Joey.
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I supported Cy Vance since he first ran and won in 2009, but I disfavor this idea. It will lead to letting actual criminals off because they are fortunate enough to have been caught and arrested by a policeman or woman with a slightly blemished record. Not good.
1
Where is the mayor in all of this? Isn't he a supposed liberal civil libertarian who is in charge of the NYPD? His silence is deafening.
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Law: is the power that keeps cities of men together. Finally at long last. Who watches the watchman is one of the oldest questions in history. Right now what we have is one law with 2 sets of books. If a citizenry can't trust its police force then you have the time of Anarchy , that leads to people running from the police because they fear the police will shoot them, then subsequently being shot by the police for running from them. The law has to work both ways, its time to build a doorway into that fabled blue wall of silence. When it comes to the law, everything must be out in the open and above board.
11
Cops and prosecutors seem to be two of our bigger problems:
Cops get to strategize for days before having to discuss violent crimes they are accused of. And they get to hide their track record of misdeeds from those they accuse of crime!
While "do good" Vance has the exemplary record (let's leave Weinstein out of this) of: "Mr. Vance, whose Manhattan office was once notorious among defense lawyers for waiting until the last moment to disclose evidence!" Gee, thanks for being on the people's side Cy!
"Innocent till proven guilty" doesn't mean you get to rot in jail while crooked or unreliable cops manufacture "evidence" and charges and DAs refuse, until the last minute, to disclose evidence helpful to the defense.
This is not a system of justice. It is a system of the bullies (who're crooked as well) getting to impose their wishes on some of the weakest segments of our society. And who are the bullies? Cops and prosecutors. No wonder Trump is president.
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I can't overstate how important this is. We give our police officers immense power--including authorization to kill people. The lack of government and civilian oversight over the way those powers are used is horrifying. We do not permit doctors or engineers or lawyers to operate with impunity. Because lack of skill and judgment can kill, maim, or bankrupt people. The same principles should apply to our most lethal public employees.
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Anything to change the police is welcome, after Erik Garner.
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Mr. Vance has a strange a twisted path when it comes to the well-to-do.
See:
https://www.newyorker.com/news/news-desk/why-didnt-manhattan-da-cyrus-va...
He's gottenen reelected, again. Maybe he'll be a bit more successful here. I have my doubts.
1
I was recently rejected for jury duty in NY County (Manhattan) on a criminal case when I told the judge that I would not accept testimony from the NYPD unless that testimony was corroborated with non-biased, credible, civilian testimony.
Living in Manhattan for 43 years and never been arrested, my direct experience with and observations of the NYPD over that time include criminal activity on the part of the cops. I wouldn’t trust one of them, male or female, as far as I could throw one.
This newspaper ran an investigative report a few months back about how the cops routinely lie under oath, for which they have a verb: “testilying”.
“Testilying by Police: A Stubborn Problem, NYT, 3/18/18
https://www.nytimes.com/2018/03/18/nyregion/testilying-police-perjury-ne...
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When that day comes you can look up in the sky and see all of them pigs flying.
1
I do believe Most police officers are honest and good people, but there is a Wall of Silence that I believe good honest cops don't want to cross. The pressure from within would be huge. You tell the Public "If you see Something say something" The District Attorney's office need access to Police Records.
9
The District Attorney should have access to the work product of Public Employees??
WE should have access to it. At all times.
22
The blue wall of silence is appalling. Bad cops should be weeded out quickly, efficiently, and with public disclosure. Cops who commit crimes should be prosecuted and sent to prison as easily as any criminal. Perhaps with the new supreme court ruling (Janus), the police labor union will lose some of its power and the NYC citizens and prosecutors can start cleaning house.
11
This could lead to the practice of putting NOTHING in writing. If a record of a disciplinary action could be used to undermine an officer's credibility in unrelated cases, there will be no written recor. Period.
1
That would be a big screaming red light indicating those involved are up to no good. It isn't as if people have no memories or as if there is no legal requirement for records to be made. Even conspiratorial efforts at altering records or hiding facts fail when proper scrutiny (supervision) is applied.
7
Good luck with this one. I applaud the idea, but think it will be a long time coming, if ever... Just the way it is here...
11
The real questions are, why are officers with a history of unprofessional behavior, cover-ups and falsifications on the job? What is wrong with the NYPD and the blue wall? Why do officers of the law, not care about justice?
27
Seems almost as if that goes without saying.
Why would a Police Union block every attempt to hold officers to account?
8
There's nothing wrong with the blue wall. It separates cops from the law, just as intended!
With the NYPD, on the other hand, a lot's wrong of course. It's like a power trip with a pension.
3
Sounds like Mr. Vance is looking for a new power over the justice system and the police. Judge, jury, and ...
1
You are mistaken. He is looking to have the access he is legally entitled to free of the interference of the officers involved or their union reps.
15