NYPD Panel for Undercover Cop Methods Tapped; Kelly Wants Policies Reviewed in Wake of Club Shooting

By REUVEN BLAU

As the Police Department continues to investigate the Queens shooting, Police Commissioner Raymond W. Kelly Nov. 30 announced the creation of a committee to examine policies and procedures governing undercover officers.

The Chief-Leader/Pat Arnow LOOKING FOR ANSWERS: Police Commissioner Raymond W. Kelly has decided to re-examine how undercover cops are deployed to see whether changes might help avoid some of the problems that occurred after an undercover officer posted at a Queens strip club became involved in a confrontation that led to the death of Sean Bell.

The committee, which will be headed by Charles Campisi, Chief of the Internal Affairs Bureau, will review the operation of undercover officers throughout the NYPD, Mr. Kelly said.

Won't Probe Queens Case

He emphasized that the nine-member task force will not investigate the Nov. 25 Jamaica shooting, which left Sean Bell dead on his wedding day and two other men wounded. "But it may make recommendations based on any lessons learned that have arisen from it," Mr. Kelly added.

"The committee will examine the recruitment, selection, training and operations of units employing undercover officers, and develop recommendations for improvement, where appropriate," he told reporters gathered at 1 Police Plaza.

He acknowledged that questions have come up regarding the fatal shooting, but declined to elaborate. Mayor Bloomberg has called the 4 a.m. incident outside the Jamaica, Queens strip club Kalua "unacceptable" and "inexplicable," comments the unions have criticized.

But Michael J. Palladino, president of the Detectives' Endowment Association, embraced the creation of the task force. "I think it's a good idea," he said during a Dec. 1 phone interview. "We look forward to having some input and maybe even having a seat on the committee."

Undercover Too Long?

He urged the department to look into updating technology. "In this day and age, there have to be some technological changes that we can make that can advance safety of undercovers and enhance performance of undercovers," he remarked.

The union president also suggested the committee review how long officers are assigned to work undercover. "Sometimes these people are in undercover capacities so long that they either become burnt out or stale - that could be an issue," he said.

Mr. Palladino also recommended accelerating the promotion process for officers working undercover to become Detectives, in contrast to their colleagues serving in investigatory capacities who are primarily involved in making arrests. "If the department is having difficulty recruiting people for the undercover position, you have to make the undercover position more attractive," he said. "A lot of guys are saying, 'Why should I risk buying drugs, when I can just be involved in the busting part?'''

'Wouldn't Have Mattered'

But Mr. Palladino stressed that he believed none of those proposals would have changed the outcome of the fatal shooting in Queens. "The driver should have complied with the undercover officer's command," he asserted. "I don't think any revisions from any committee could address the behavior of the driver in that vehicle."

Critics of the department - including several City Council Members and prominent African-American community leaders - said that the officer outside the club startled Mr. Bell, who didn't realize he was an undercover Detective. Mr. Palladino, however, said the officer was wearing his badge around his neck and clearly identified himself.

Mr. Bell was killed in the shooting and two of his friends, Joseph Guzman and Trent Benefield, were each shot multiple times from the barrage of 50 rounds fired by the five officers.

"I want to take a fresh look at it," Mr. Kelly said last week. "We want to make sure that our procedures are appropriate."

Even while the investigation moved forward, Mayor Bloomberg has said he believed the undercover officers used excessive force when they fired at a car that rammed into one of their colleagues and an unmarked police vehicle.

Kelly Defers Judgment

Mr. Kelly, however, has declined to use such language, preferring to wait until the investigation is complete. But he has placed the five officers who used their guns on administrative leave and removed their firearms. Two other officers were a bit further away and did not use their guns.

"The Mayor is certainly entitled to his opinion," Mr. Kelly remarked during an interview on NY1 last week. "I think we need an in-depth examination of all the facts. It is unusual to have this number of shots fired."

He has acknowledged that there are still many questions that need to be answered, including why the undercover officer inside the club was involved in confronting the men. Traditionally, the officers waiting outside make such arrests.

Critics of the department have also questioned why there was only one Lieutenant and not a higher-ranking officer in charge of the special unit, which was investigating alleged prostitution and drug use at the club.

As for the task force, it will include high-ranking NYPD officials and Cedric Alexander, Commissioner of the New York State Division of Criminal Justice Services. The NYPD will be represented by Charles DeRienzo, Deputy Commissioner of Training; S. Andrew Schaffer, Deputy Commissioner of Legal Matters; Michael J. Farrell, Deputy Commissioner of Strategic Initiatives; David Cohen, Deputy Commissioner of Intelligence; Rafael Pineiro, Chief of Personnel; and Douglas Ziegler, Chief of Community Affairs.

The New York Civil Liberties Union and other frequent critics of the NYPD, however, last week called on outgoing State Attorney General Eliot Spitzer and his successor, Andrew Cuomo, to launch an independent investigation.

'Need Outside Probe'

"Of course the NYPD must conduct an internal investigation of these tragic events," said NYCLU Executive Director Donna Lieberman in a statement last week. "But that is not enough. We need an independent investigation into both what went wrong on Saturday and the NYPD policies implicated in it and other incidents like it."

Queens District Attorney Richard Brown is currently reviewing the shooting, before empanelling a grand jury. But that effort will deal with the potential criminal culpability of the officers involved rather than broader policy matters, the NYCLU said.

Anthony Garvey, the president of the Lieutenants' Benevolent Association, contended that such an independent review wasn't necessary. "The only people who should do it are the people who are familiar with police work," he said during a Dec. 1 phone interview. "I don't challenge Ray Kelly's integrity."