-------- Original Message -------- Subject: [BRC-ANN] PBA Watch No. 1 (April 2000) Date: Wed, 07 Jun 2000 05:14:35 -0400 From: Lise Vogel <lvogel at mindspring.com> To: brc-announce at lists.tao.ca
PBA WATCH
No. 1, April 2000
a project of the New York New Abolitionists
PBA Watch reports on the activities of the Patrolmen's Benevolent Association (PBA), the union that represents 27,000 police officers in the New York Police Department. Like any union, the PBA collects members' dues, negotiates their contracts, and delivers their benefits. At the same time, the PBA plays an important role in defending officers accused of brutality and supporting systemic police violence.
PBA Fights Fed Investigation:
In early March, PBA President Patrick Lynch, Financial Secretary John Giangrasso and Attorney Steven Worth traveled to Washington, D.C. to meet with Eric Holder of the United States Justice Department. They presented Holder with a legal brief which argued that there were no legal grounds for a Justice Department investigation into civil rights violations with respect to the killing of Amadou Diallo by four members of the Street Crimes Unit in February of 1999.
The three representatives of the PBA went to Washington after Diallo's parents and a number of family supporters, including legislators, had met with Holder to request an active federal investigation. Apparently, Holder promised both groups that the case would be reviewed.
According to a report from the PBA delegates' meeting held on March 14th, the PBA lawyers are preparing a defense for the trial of the civil suit filed by Abner Louima. Louima's suit specifically includes the PBA.
A Murder by the Police:
The PBA's role in defending police officers accused of brutality is documented in our new publication, "A Murder by the Police," which is available for $2 by contacting NYNA at 718-670-6093.
The booklet illuminates the ways in which the PBA uses its considerable financial, legal and political resources to prevent the convictions of brutal cops.
PBA, City Unions Unify over New Contracts:
The PBA is meeting regularly with other unions in the Uniformed Coalition and the Municipal Labor Committee in order to build a united front for the upcoming contract negotiations with the city gov-ernment.
It'll be interesting to see whether the unions that appear to oppose police brutality on the one hand will continue to unite with the PBA on the other.
Schoolyard Justice?:
On March 27th, news spread that a police officer had run through a schoolyard full of children that after-noon, brandishing his gun and chasing a suspect.
On March 30th, President Lynch sent a message to his members in which he wrote:
"The PBA is outraged that the undercover Gang Investigation Division officer involved in the PS 305 schoolyard incident Monday has been placed on modified duty.
"All preliminary indications are that this officer was just doing his job protecting schoolchildren from guns and drugs and should not be disciplined in any way.
"Therefore, at the earliest possible opportunity today we filed a motion with the Department to restore him to full duty and we intend not to rest until he is completely restored."
Legal Ease:
It turns out that prosecuting District Attorney offices have been used effectively as training grounds for future defenders of brutal cops. Four of the defense lawyers in the Abner Louima case were Assistant DAs early in their careers.
Stephen Worth, attorney for police officer Schwartz in the Louima case and for police officer McMellon in the Diallo case. He was an assistant in the Brooklyn DA's office for 4 years. His firm, Worth, Longworth, Bamundo, and London (WLBL) currently holds an $11 million contract with the PBA to represent police officers.
John D. Patten, attorney for police officer Bellomo in the Louima case trained in the Manhattan DA's office for 5 years.
Stuart London of WLBL, attorney for police officer Bruder in the Louima case and for police officer Livoti in the Baez case was a Bronx Assis-tant DA for 5 years where he investigated incidents of excessive force by police.
Joseph Tacopina, attorney for police officer Wiese in the Louima case, was an Assistant DA in Brooklyn for at least 2 years.
(from Hamblett, M. "The Lawyers in 'United States v. Volpe'" New York Law Journal, 5/3/99. p.8)
When Employee Benefits Become Police State Powers:
During the 1999-2000 state legislative cycle, the PBA backed a host of bills that would create new crimes and punishments and greatly increase police officer powers and privileges.
Perhaps the police officer's union aims to increase the benefits it can offer its members.
The following are a few of the 75 PBA bills promoted by the PBA's Committee on Political Education (COPE) and introduced in the state assembly this year.
(Representatives shown in parentheses):
A01405 (Weisenberg-D-Long Island) would make communications between police union officials and members "privileged and confidential" a protection legally reserved for lawyers and psychiatrists. As stated in the justification of the bill, currently the union official "can be compelled to disclose" such information in court proceedings or hearings. This bill was proposed shortly after former officer Fran-cis X. Livoti was found guilty in the Anthony Baez murder case. His conviction was based in part on union officials' testimony about the stories they fabricated with Livoti to explain Baez' death in court.
A04047 (Lafayette-D-Corona) aims to make "intentionally refusing to heed and obey the lawful command of a police officer a violation punishable by up to 10 days in jail or a $500 fine or both."
A09351 (Mills-R-Goshen) and A09446 (Colman-D-Pearl River) create the felony of "fleeing and eluding a police officer" and upgrade the crime of resisting arrest to a felony.
A01235 (Koon-D-Fairport), classifies the murder of a police officer by a 13- to 17-year-old as sec-ond degree murder with a minimum sentence of at least 20 years in prison. A00105 (Kaufman-D-Bronx) increases penalties for certain assaults on police officers by juvenile offenders.
A05818 (Abbate-D-Brooklyn) allows NYPD mem-bers to hold public office. This will help in the upcoming NYC Council elections-for which the PBA has said it will run candidates.
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To receive this periodic newsletter by fax, email, or snailmail and for information on meetings and other publications, call New York New Abolitionists 718-670-7093
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