This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.nytimes.com/2018/02/25/nyregion/eric-garner.html
The article has changed 6 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| 3½ Years After Eric Garner’s Death, Family Still Waits for Closure | |
| (35 minutes later) | |
| The family of Anthony Baez was angered in 1996 when a New York State judge acquitted Officer Francis X. Livoti of criminally negligent homicide. Mr. Baez died after Mr. Livoti placed him in a chokehold following a confrontation over a game of pickup football about two years earlier. | The family of Anthony Baez was angered in 1996 when a New York State judge acquitted Officer Francis X. Livoti of criminally negligent homicide. Mr. Baez died after Mr. Livoti placed him in a chokehold following a confrontation over a game of pickup football about two years earlier. |
| While federal prosecutors were investigating whether to charge Mr. Livoti with civil rights violations, the city held an administrative trial in which Mr. Livoti was fired from the New York Police Department in February 1997. | While federal prosecutors were investigating whether to charge Mr. Livoti with civil rights violations, the city held an administrative trial in which Mr. Livoti was fired from the New York Police Department in February 1997. |
| The officer’s dismissal brought some closure to Mr. Baez’s mother, Iris Baez, who found comfort in knowing that Mr. Livoti “wouldn’t be out there ever again wearing a uniform.” | The officer’s dismissal brought some closure to Mr. Baez’s mother, Iris Baez, who found comfort in knowing that Mr. Livoti “wouldn’t be out there ever again wearing a uniform.” |
| Like Ms. Baez, the mother of Eric Garner, Gwen Carr, is looking for closure. It has been 3½ years since a New York police officer, Daniel Pantaleo, wrapped his arms around Mr. Garner’s neck in a chokehold that helped cause his death in July 2014. The Police Department banned chokeholds in 1993. | |
| “We’ve been waiting for almost four years. Waiting time is over,” Ms. Carr said one frigid afternoon as she stood on the steps of City Hall demanding that Mayor Bill de Blasio fire Mr. Pantaleo. | “We’ve been waiting for almost four years. Waiting time is over,” Ms. Carr said one frigid afternoon as she stood on the steps of City Hall demanding that Mayor Bill de Blasio fire Mr. Pantaleo. |
| After Mr. Garner’s death, a Staten Island grand jury in 2014 declined to indict Mr. Pantaleo. That same year, the Department of Justice began a civil rights investigation, but the case has been delayed by a dispute between federal officials in New York and Washington, and a change in presidential administrations. The city has put off an administrative trial for Mr. Pantaleo until federal prosecutors decide whether to file civil rights charges. In the meantime, Mr. Pantaleo remains on desk duty. | After Mr. Garner’s death, a Staten Island grand jury in 2014 declined to indict Mr. Pantaleo. That same year, the Department of Justice began a civil rights investigation, but the case has been delayed by a dispute between federal officials in New York and Washington, and a change in presidential administrations. The city has put off an administrative trial for Mr. Pantaleo until federal prosecutors decide whether to file civil rights charges. In the meantime, Mr. Pantaleo remains on desk duty. |
| “This investigation has dragged on for so long it’s getting to the point of outrage,” said William R. Yeomans, a fellow at the Alliance for Justice, a liberal judicial advocacy group, who once served as the acting assistant attorney general for civil rights. | “This investigation has dragged on for so long it’s getting to the point of outrage,” said William R. Yeomans, a fellow at the Alliance for Justice, a liberal judicial advocacy group, who once served as the acting assistant attorney general for civil rights. |
| Getting answers in some of the city’s most notorious police-involved killings can often take years. With competing legal interests, family members of the victims can wait up to a five years to learn the fate of officers involved. From state criminal trials to federal civil rights investigations and the decision about whether an officer will remain on the force, the lengthy and complicated process conspires to frustrate families who say they are only seeking justice. | Getting answers in some of the city’s most notorious police-involved killings can often take years. With competing legal interests, family members of the victims can wait up to a five years to learn the fate of officers involved. From state criminal trials to federal civil rights investigations and the decision about whether an officer will remain on the force, the lengthy and complicated process conspires to frustrate families who say they are only seeking justice. |
| Mr. Yeomans said the initial request from federal prosecutors to hold off on an administrative trial was not unusual, but that the Justice Department has had enough time to act. | Mr. Yeomans said the initial request from federal prosecutors to hold off on an administrative trial was not unusual, but that the Justice Department has had enough time to act. |
| “The Garner case is an open, festering sore that the federal government has not taken steps to heal.” Mr. Yeomans said. “At some point, the city has got to move on.” | “The Garner case is an open, festering sore that the federal government has not taken steps to heal.” Mr. Yeomans said. “At some point, the city has got to move on.” |
| Last year the Civilian Complaint Review Board, an independent agency that investigates claims of excessive force against the New York Police Department, substantiated charges of misconduct against Mr. Pantaleo for using a chokehold and recommended severe penalties that could lead to his dismissal. | Last year the Civilian Complaint Review Board, an independent agency that investigates claims of excessive force against the New York Police Department, substantiated charges of misconduct against Mr. Pantaleo for using a chokehold and recommended severe penalties that could lead to his dismissal. |
| The next step would be an administrative trial prosecuted by lawyers with the review board. A final recommendation would be sent to the police commissioner who can “accept, reject or modify” any suggestion. | The next step would be an administrative trial prosecuted by lawyers with the review board. A final recommendation would be sent to the police commissioner who can “accept, reject or modify” any suggestion. |
| Austin Finan, a spokesman for Mr. de Blasio, said in a statement that the city had never gone ahead with a disciplinary hearing if the Justice Department had requested it to wait. | Austin Finan, a spokesman for Mr. de Blasio, said in a statement that the city had never gone ahead with a disciplinary hearing if the Justice Department had requested it to wait. |
| The city’s top lawyer, Zachary W. Carter, said the Department of Justice asked the city not to proceed with an administrative trial to avoid interfering with the federal investigation by questioning witnesses and gathering statements and testimony that could be duplicative or create prejudice. | The city’s top lawyer, Zachary W. Carter, said the Department of Justice asked the city not to proceed with an administrative trial to avoid interfering with the federal investigation by questioning witnesses and gathering statements and testimony that could be duplicative or create prejudice. |
| “I have no doubt that the length of time that has passed during which the Department of Justice has had this under investigation adds to the family’s anguish,” Mr. Carter said. While he acknowledged that the city is under no obligation to wait on federal prosecutors, he said it would be the “highest level of irresponsibility” to move forward against their wishes. | “I have no doubt that the length of time that has passed during which the Department of Justice has had this under investigation adds to the family’s anguish,” Mr. Carter said. While he acknowledged that the city is under no obligation to wait on federal prosecutors, he said it would be the “highest level of irresponsibility” to move forward against their wishes. |
| “The more statements there are, the worse it is,” said Mr. Carter, a former United States attorney for the Eastern District of New York. In the long run, “people remember the result but nobody remembers how long it took.” | “The more statements there are, the worse it is,” said Mr. Carter, a former United States attorney for the Eastern District of New York. In the long run, “people remember the result but nobody remembers how long it took.” |
| Devin M. O’Malley, a spokesman for the Department of Justice, declined to comment on the status of the Garner investigation. | Devin M. O’Malley, a spokesman for the Department of Justice, declined to comment on the status of the Garner investigation. |
| The city has moved swiftly recently to bring administrative charges against other officers accused of misconduct. | The city has moved swiftly recently to bring administrative charges against other officers accused of misconduct. |
| Two officers, Edward Martins and Richard Hall, quit the Police Department in November, three days before they were scheduled to face an administrative trial. The officers’ trial on charges of sexually assaulting an 18-year-old woman in Coney Island after a drug stop had just begun. A crucial difference between the case of the two officers and Mr. Pantaleo, is that Mr. Martins and Mr. Hall have been charged. | Two officers, Edward Martins and Richard Hall, quit the Police Department in November, three days before they were scheduled to face an administrative trial. The officers’ trial on charges of sexually assaulting an 18-year-old woman in Coney Island after a drug stop had just begun. A crucial difference between the case of the two officers and Mr. Pantaleo, is that Mr. Martins and Mr. Hall have been charged. |
| Rather than hurt the federal case, Susan M. Karten, a lawyer who represented the Baez family in their civil suit against the city, said testimony gathered for Mr. Livoti’s administrative trial helped reveal discrepancies among the statements of officers at Mr. Baez’ arrest. While Mr. Livoti claimed that Mr. Baez’ struggling set off an asthma attack, another officer said that Mr. Baez was not struggling and was handcuffed on the ground when she arrived. | Rather than hurt the federal case, Susan M. Karten, a lawyer who represented the Baez family in their civil suit against the city, said testimony gathered for Mr. Livoti’s administrative trial helped reveal discrepancies among the statements of officers at Mr. Baez’ arrest. While Mr. Livoti claimed that Mr. Baez’ struggling set off an asthma attack, another officer said that Mr. Baez was not struggling and was handcuffed on the ground when she arrived. |
| The departmental trial was the first time Mr. Livoti had testified. | The departmental trial was the first time Mr. Livoti had testified. |
| “I think the more prior testimony you have,” Ms. Karten said, “the better in these cases where there are several people involved and they get together and get their story together.” | “I think the more prior testimony you have,” Ms. Karten said, “the better in these cases where there are several people involved and they get together and get their story together.” |
| Two officers were fired after an administrative trial in 2003 for perjuring themselves in testimony about the Baez incident. | Two officers were fired after an administrative trial in 2003 for perjuring themselves in testimony about the Baez incident. |
| The actions of other officers as Mr. Garner was being subdued for reportedly selling illegal cigarettes, and the reports they filed, could be under scrutiny in any investigation, Ms. Karten added. | The actions of other officers as Mr. Garner was being subdued for reportedly selling illegal cigarettes, and the reports they filed, could be under scrutiny in any investigation, Ms. Karten added. |
| Christopher Dunn, associate legal director at the New York Civil Liberties Union, tracks Police Department disciplinary practices and the actions of the review board. He said the reluctance to move forward with an administrative trial in the Garner case made it appear as if the city was protecting its officers. | Christopher Dunn, associate legal director at the New York Civil Liberties Union, tracks Police Department disciplinary practices and the actions of the review board. He said the reluctance to move forward with an administrative trial in the Garner case made it appear as if the city was protecting its officers. |
| “This is unquestionably a call being made by City Hall,” Mr. Dunn said. “It fairly raises questions about credibility. Whatever might have been the justification for waiting for the Department of Justice, that has lapsed.” | “This is unquestionably a call being made by City Hall,” Mr. Dunn said. “It fairly raises questions about credibility. Whatever might have been the justification for waiting for the Department of Justice, that has lapsed.” |
| Mr. Pantaleo’s lawyer, Stuart London, said his client also wanted a resolution. | Mr. Pantaleo’s lawyer, Stuart London, said his client also wanted a resolution. |
| “Transparency is what he wanted from the beginning, but he can’t do anything with the federal civil rights case hanging over his head,” Mr. London said. | “Transparency is what he wanted from the beginning, but he can’t do anything with the federal civil rights case hanging over his head,” Mr. London said. |
| Constance Malcolm, the mother of Ramarley Graham, who was shot and killed by a police officer after being chased into his Bronx apartment in February 2012, said she hoped it did not take as long for Mr. Pantaleo to face administrative charges as it did the officer who shot her son. | Constance Malcolm, the mother of Ramarley Graham, who was shot and killed by a police officer after being chased into his Bronx apartment in February 2012, said she hoped it did not take as long for Mr. Pantaleo to face administrative charges as it did the officer who shot her son. |
| The officer, Richard Haste, resigned from the department in March after being found guilty in an administrative trial of using poor tactical judgment, more than five years after Mr. Graham’s death. | The officer, Richard Haste, resigned from the department in March after being found guilty in an administrative trial of using poor tactical judgment, more than five years after Mr. Graham’s death. |
| Mr. Haste was initially indicted on manslaughter charges before the indictment was dismissed. A second grand jury, before which Mr. Haste testified, declined to indict him. Federal prosecutors declined to press charges. | Mr. Haste was initially indicted on manslaughter charges before the indictment was dismissed. A second grand jury, before which Mr. Haste testified, declined to indict him. Federal prosecutors declined to press charges. |
| The city also held off on an administrative trial for Mr. Haste until federal prosecutors made a decision, citing a request from the Department of Justice. | The city also held off on an administrative trial for Mr. Haste until federal prosecutors made a decision, citing a request from the Department of Justice. |
| “It shouldn’t take years for the N.Y.P.D. to be held accountable after they kill civilians,” Ms. Malcolm said. | “It shouldn’t take years for the N.Y.P.D. to be held accountable after they kill civilians,” Ms. Malcolm said. |
| She said Mr. Haste’s punishment gave her a small measure of relief — something Ms. Garner wants. | She said Mr. Haste’s punishment gave her a small measure of relief — something Ms. Garner wants. |
| “Even if it wasn’t a full victory, she received some closure,” Ms. Carr said. “That’s what I’m looking for.” | “Even if it wasn’t a full victory, she received some closure,” Ms. Carr said. “That’s what I’m looking for.” |