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| Retired NYPD chief Joseph Esposito defends stop-and-frisk street stops | Retired NYPD chief Joseph Esposito defends stop-and-frisk street stops |
| (4 months later) | |
| A newly retired New York City police chief defended his department's controversial stop and frisk policy in a federal court Tuesday, dismissing persistent allegations of racial profiling that date back well over a decade. | A newly retired New York City police chief defended his department's controversial stop and frisk policy in a federal court Tuesday, dismissing persistent allegations of racial profiling that date back well over a decade. |
| Joseph Esposito, who retried last month as chief of department – third in command at the NYPD – said the paperwork that officers must fill out to justify their stops meant profiling according to race was impossible. | Joseph Esposito, who retried last month as chief of department – third in command at the NYPD – said the paperwork that officers must fill out to justify their stops meant profiling according to race was impossible. |
| Esposito, who rose to the highest-ranking uniformed officer at the NYPD after 44 years of service, admitted that street stops had soared on his watch but pointed out a significant decrease in crime rates. | Esposito, who rose to the highest-ranking uniformed officer at the NYPD after 44 years of service, admitted that street stops had soared on his watch but pointed out a significant decrease in crime rates. |
| Esposito became chief of the department in 2000. Ray Kelly was appointed police commissioner two years later. Under the two men, NYPD street stops increased by over 600% in some years. "That increase is all on your watch," attorney Johnathan Moore told the former police chief in direct questioning Tuesday morning. Esposito agreed. "As is the 40% decrease in crime," he added. | Esposito became chief of the department in 2000. Ray Kelly was appointed police commissioner two years later. Under the two men, NYPD street stops increased by over 600% in some years. "That increase is all on your watch," attorney Johnathan Moore told the former police chief in direct questioning Tuesday morning. Esposito agreed. "As is the 40% decrease in crime," he added. |
| The former chief's testimony was part of an ongoing federal class action lawsuit – Floyd v City of New York – accusing the NYPD of widespread and systemic constitutional rights violations. | The former chief's testimony was part of an ongoing federal class action lawsuit – Floyd v City of New York – accusing the NYPD of widespread and systemic constitutional rights violations. |
| Moore later pointed out that the NYPD recorded 4,430,140 stops between January 2004 and June 2012. He asked Esposito if the number sounded accurate. "Sounds reasonable," Esposito said. | Moore later pointed out that the NYPD recorded 4,430,140 stops between January 2004 and June 2012. He asked Esposito if the number sounded accurate. "Sounds reasonable," Esposito said. |
| NYPD statistics show roughly nine out of ten people stopped by the police in recent years have been released without an arrest or summons. Approximately 86% of those stopped have been African American or Latino, many of them young men. | NYPD statistics show roughly nine out of ten people stopped by the police in recent years have been released without an arrest or summons. Approximately 86% of those stopped have been African American or Latino, many of them young men. |
| In direct questioning Tuesday afternoon, Moore asked Esposito if he and Kelly, in their 11 years of working together, ever discussed "the toll that the policies being challenged here may be having on a generation of black and Latino youth". | In direct questioning Tuesday afternoon, Moore asked Esposito if he and Kelly, in their 11 years of working together, ever discussed "the toll that the policies being challenged here may be having on a generation of black and Latino youth". |
| Esposito said he could not recall. The former police chief also could not recall if he and Kelly had ever discussed the possibility that the department's stop and frisk practices could be linked to racial profiling. | Esposito said he could not recall. The former police chief also could not recall if he and Kelly had ever discussed the possibility that the department's stop and frisk practices could be linked to racial profiling. |
| Throughout his questioning, Esposito maintained that as long as police officers properly fill out a two-page form when performing stops – made up of a series checkboxes intended to convey the officer's reasonable suspicion of criminal activity – then racial profiling is impossible. | Throughout his questioning, Esposito maintained that as long as police officers properly fill out a two-page form when performing stops – made up of a series checkboxes intended to convey the officer's reasonable suspicion of criminal activity – then racial profiling is impossible. |
| "If it establishes reasonable suspicion, then there is no racial profiling," Esposito testified. | "If it establishes reasonable suspicion, then there is no racial profiling," Esposito testified. |
| Judge Shira Scheindlin asked Esposito if it is possible for both evidence of reasonable suspicion and racial profiling to be present in a stop, noting that on current NYPD forms for stops – known as UF250s – officers can check off fairly subjective categories such as "furtive movement" and "high crime area" as the basis for a stop. | Judge Shira Scheindlin asked Esposito if it is possible for both evidence of reasonable suspicion and racial profiling to be present in a stop, noting that on current NYPD forms for stops – known as UF250s – officers can check off fairly subjective categories such as "furtive movement" and "high crime area" as the basis for a stop. |
| "You have to rely on the quality of your supervisors," Esposito testified, arguing NYPD supervisors constitute a "system" for insuring the underlying circumstances resulting in a stop rise to the level of reasonable suspicion. | "You have to rely on the quality of your supervisors," Esposito testified, arguing NYPD supervisors constitute a "system" for insuring the underlying circumstances resulting in a stop rise to the level of reasonable suspicion. |
| "Our sergeants are the best in the nation," Esposito said. "The best in the world," he added. | "Our sergeants are the best in the nation," Esposito said. "The best in the world," he added. |
| In recent weeks, plaintiffs have argued the NYPD maintains a rigid quota system that pushes officers to make a certain number of stops, relying on secretly recorded tapes provided by current officers as evidence of the system. Attorneys for the plaintiffs have also pointed to the existence of 2011 internal operations order, which mandates that "department managers can and must set performance goals." Those goals, the attorneys argue, frequently translate into specific numbers of arrests, summonses and stops. | In recent weeks, plaintiffs have argued the NYPD maintains a rigid quota system that pushes officers to make a certain number of stops, relying on secretly recorded tapes provided by current officers as evidence of the system. Attorneys for the plaintiffs have also pointed to the existence of 2011 internal operations order, which mandates that "department managers can and must set performance goals." Those goals, the attorneys argue, frequently translate into specific numbers of arrests, summonses and stops. |
| Esposito acknowledged longstanding claims of quotas. He said performance goals exist as a means to address specific crime conditions, which he claimed is "the main goal of the officers … the hardworking officers." Esposito's testimony was a rare moment in NYPD history. Despite holding the highest uniformed rank in the department for over a decade, his public comments have been limited. While he would often join Kelly for press conferences, he rarely spoke at significant length, if at all. | Esposito acknowledged longstanding claims of quotas. He said performance goals exist as a means to address specific crime conditions, which he claimed is "the main goal of the officers … the hardworking officers." Esposito's testimony was a rare moment in NYPD history. Despite holding the highest uniformed rank in the department for over a decade, his public comments have been limited. While he would often join Kelly for press conferences, he rarely spoke at significant length, if at all. |
| Moore began his questioning by delving into another federal class action lawsuit challenging the NYPD's stop and frisk practices and alleging the department had engaged in racial profiling. | Moore began his questioning by delving into another federal class action lawsuit challenging the NYPD's stop and frisk practices and alleging the department had engaged in racial profiling. |
| Daniels v City of New York, was filed in 1999, by the Center for Constitutional Rights (CCR), the same legal organization that filed the more recent Floyd suit, following the shooting death of Amadou Diallo. The 23-year-old African immigrant was shot 19 times by police officers outside his apartment. He was unarmed. Diallo's death led to widespread protests, and ultimately the disbanding of the NYPD's controversial street crimes unit, which once operated under the slogan "we own the night". | Daniels v City of New York, was filed in 1999, by the Center for Constitutional Rights (CCR), the same legal organization that filed the more recent Floyd suit, following the shooting death of Amadou Diallo. The 23-year-old African immigrant was shot 19 times by police officers outside his apartment. He was unarmed. Diallo's death led to widespread protests, and ultimately the disbanding of the NYPD's controversial street crimes unit, which once operated under the slogan "we own the night". |
| The Daniels settlement required the NYPD to establish a written racial profiling policy in line with the constitution. It also coincided with a 1999 attorney general report examining the department's use of the stop-and-frisk tactic, which found the department was overstopping members of minority communities. According to the Daniels settlement, officers who engage in stop-and-frisks were required to be audited, and their supervisors were required to determine whether their stops were based on reasonable suspicion. | The Daniels settlement required the NYPD to establish a written racial profiling policy in line with the constitution. It also coincided with a 1999 attorney general report examining the department's use of the stop-and-frisk tactic, which found the department was overstopping members of minority communities. According to the Daniels settlement, officers who engage in stop-and-frisks were required to be audited, and their supervisors were required to determine whether their stops were based on reasonable suspicion. |
| CCR accuses the NYPD of failing to comply with the Daniels decree, and filed the Floyd suit, in part, as a result of the alleged failure. | CCR accuses the NYPD of failing to comply with the Daniels decree, and filed the Floyd suit, in part, as a result of the alleged failure. |
| In court Tuesday, Esposito said he could not recall if he was ever made aware of the attorney general's 1999 findings, nor could he recall if any member of his staff had made him aware of the fact that African Americans and Latinos were "over-stopped" in Moore's words. | In court Tuesday, Esposito said he could not recall if he was ever made aware of the attorney general's 1999 findings, nor could he recall if any member of his staff had made him aware of the fact that African Americans and Latinos were "over-stopped" in Moore's words. |
| Esposito also could not recall if the department complied with the attorney general's request to establish a dialogue between the two law enforcement institutions with respect to stop and frisk. | Esposito also could not recall if the department complied with the attorney general's request to establish a dialogue between the two law enforcement institutions with respect to stop and frisk. |
| Esposito said the NYPD's policy on racial profiling established following the Daniels settlement simply put onto paper what the department had long done in practice. The department revised the policy, which prohibits profiling based on race, in 2012, issuing an "interim" order that remains in place. | Esposito said the NYPD's policy on racial profiling established following the Daniels settlement simply put onto paper what the department had long done in practice. The department revised the policy, which prohibits profiling based on race, in 2012, issuing an "interim" order that remains in place. |
| "Our policy before the memo was the same as our policy after the memo," Esposito said. | "Our policy before the memo was the same as our policy after the memo," Esposito said. |
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