PBA Leader Defends Cops Charged in Brutality Cases; Captured on Videotape

PBA Leader Defends Cops Charged in Brutality Cases;
Captured on Videotape

Patrolmen's Benevolent Association President Patrick J. Lynch last week defended two officers caught on videotape using questionable force in arrests after the men and the NYPD came under scrutiny.

PATRICK J. LYNCH: Different view of video.

On July 25, Christopher Long rode through Times Square in a Critical Mass bike rally. The video shows Police Officer Patrick Pogan body-block Mr. Long as he was riding by, then arrest him. Mr. Pogan said in a sworn court affidavit that Mr. Long was weaving in and out of traffic "forcing multiple vehicles to stop abruptly or change their direction in order to avoid hitting [him]." The videotape, which has registered more than a million hits on the Internet since it appeared on YouTube, raised serious questions about his account.

'A Pattern of Hostility'

Public outcry was swift. "Unfortunately, the July 25, 2008 incident is part of a pattern of targeting Critical Mass bike riders," said Norman Siegel, a civil rights attorney. "This hostility and selective enforcement of the laws needs to stop immediately. Mayor Bloomberg and Police Commissioner Kelly need to provide the necessary leadership to confront and resolve this issue."

MAYOR BLOOMBERG: 'Over the top and inappropriate.'

Police Commissioner Raymond W. Kelly ordered Officer Pogan stripped of his gun and badge and placed on modified assignment. He told reporters, "I have no explanation" for the cop's conduct.

Mr. Bloomberg offered an even-harsher assessment, calling Officer Pogan's use of force "totally over the top and inappropriate."

But Mr. Lynch was quick to speak out in defense of Mr. Pogan, a rookie officer.

"Under direct orders to stop and arrest any individual who violated the law by creating a dangerous situation for the public and police, this officer observed the reckless actions of a specific individual weaving in and out of traffic and creating a hazardous condition for the public and took action," Mr. Lynch said. "You will note in the video that instead of slowing down or stopping as any reasonable person would when the officer approached, this rider dropped his shoulder in an attempt to avoid arrest by plowing into the officer's chest which resulted in the officer pushing him away."

Mr. Pogan alleged that after their confrontation, the cyclist predicted the fall-out. "You are pawns in the game," Mr. Long said, according to Mr. Pogan's affidavit. "I'm going to have your job."

Critical Mass said Mr. Long's altercation with police was the third bike incident caught on videotape in Times Square alone.

Brutality complaints also were made recently by pedestrians whose accounts were lent credence by videotape. In a tape released last week, Officer Maurice Harrington was captured July 4 striking a man 10 times with his club on Delancey St. He was placed on modified duty, but Mr. Lynch publicly defended him.

'Used Necessary Force'

"When an arrest is being made, an officer must use whatever amount of force is necessary to take a criminal into custody," the PBA leader said. "This video clearly shows that the perp refused to comply with the officer's directions so they could cuff him and even tried to gain control of the asp (thin metal baton) being used by the officer.

"As soon as he was cuffed, the officers ceased all action, called for a supervisor and an ambulance. The use of force was necessary and appropriate and the officer involved should never have been placed on modified assignment."

A day later, another videotape surfaced of possible police brutality — this time on West 93rd St. Police Officer David London July 18 was shown beating a handcuffed man with a baton while his partner held the Iraq war veteran down. Mr. London was also stripped of his gun and badge.

At the unveiling of a new NYPD cricket program, Commissioner Kelly commented about the possibility of the department allowing citizens to submit videotape. Headlines across the city touted a new program for citizens to report abuse by police, but Paul J. Browne, NYPD's chief spokesman, said many got the story wrong. The NYPD plans to use citizen-submitted video, he said, for all facets of law-enforcement. "Generally [video] is a good thing and can be used for evidence," he said. The program is expected to be up and running "soon in the next month or so." The NYPD should be able to receive text messages from citizens in a week.