NYPD, CCRB Clash On Drop in Cop Prosecutions; Expertise, Fairness Questioned
By TOMMY HALLISSEY

The Civilian Complaint Review Board's annual report criticizing the Police Department for a sharp rise in cases where it declined to prosecute cops the Review Board found guilty of wrongdoing spurred a response from the NYPD Department Advocate that the CCRB did not understand police work.

The Chief-Leader/Pat Arnow 'IF THERE'S MISCONDUCT, WE GO FORWARD': Julie Schwartz, the NYPD's Department Advocate, says the disparity between cases where charges against a cop are substantiated by the Civilian Complaint Review Board but not prosecuted by the NYPD is the result of the CCRB not understanding 'the everyday reality of a police officer."

"I know they try, but they don't understand the everyday reality of a police officer," Julie L. Schwartz, the NYPD Deputy Commissioner, Department Advocate, said after the CCRB reported that cases in which it sustained civilian complaints but the NYPD took no action rose from 3.3 percent in 2006 to 34 percent last year.

CCRB: An Unproductive Attack

Andrew Case, a spokesman for the CCRB, fired back. "To say that board members don't understand police work is flatly wrong," he said. "To attack the credibility of Police Commissioner, mayoral and City Council nominees is simply not productive."

The CCRB's 2007 Annual Report looked at 7,559 complaints and found the Police Department reduced discipline even as the CCRB increased scrutiny of the cases it reviewed. The NYPD decided not to discipline cops in 102 out of 296 cases substantiated by the CCRB.

Police Commissioner Raymond W. Kelly said the reduction in prosecution of cases by the NYPD reflected a departmental shift from prosecution by police officers to civilian prosecutors. The shift to a full staff of 24 attorneys occurred over the last year, Ms. Schwartz said. In 2007, the number of dismissed cases decreased 84 percent while the number of officers found not guilty after trial decreased 83 percent, according to the NYPD.

Ms. Schwartz said there would be no changes at the NYPD because of the CCRB report. "I'm hoping they will change," she said.

CCRB: Pick Cases Carefully

The CCRB maintains it finds misconduct in less than 10 percent of the cases it investigates. "But when we do find misconduct, it's disappointing when the cases are not pursued," said Franklin H. Stone, the CCRB Chairman. "If the department gave us the authority to prosecute these cases, we would be willing and able to do so."

RAY KELLY: Civilian prosecutors made difference.

A drug stop outside Washington Square Park shows a disconnect between how the NYPD and the CCRB view the same situation. On May 3, 2006, a veteran officer radioed that a man and a women were leaving the park for a possible drug sale. The NYPD says drug sales often occur outside the park. Another officer got the call and found a crack pipe in the woman's possession. Police released the man at the scene.

The CCRB found the officers, acting under orders from a supervisor, lacked probable cause. Paul J. Browne, the chief NYPD spokesman, said the officer did not need probable cause to radio his field team because the man and woman were engaging in suspicious behavior.

The CCRB said the supervisor should be held responsible for an improper stop. The NYPD did not prosecute the case and stands by its decision. Each side points to this case and three others to illustrate why the other is wrong. "There are generally legitimate reasons for the stops," said Ms. Schwartz. "The cops were just doing their job. I don't understand why CCRB doesn't understand that."

Stop-and-Frisks a Flashpoint

The CCRB said the number of complaints against the NYPD appears tied to the number of stop-and-frisks. As stops decreased in 2007, the number of complaints decreased slightly.

A majority of the CCRB cases were abuse of authority allegations, which have more than doubled since 2002. While the NYPD registered 7,559 complaints in 2007, the most-frequent complaint was abuse of authority with 14,652 complaints, an increase of 20 percent in a year. Mr. Browne said the proportion of substantiated stop-and-frisk-related allegations as compared to the overall number of stop and frisk reports in 2007 was .0004 percent, or 186 out of 468,932.

Unnecessary or excessive force complaints rose just 11 percent in a year. Discourtesy complaints and offensive language complaints remained relatively low. There were 4,024 discourtesy complaints in 2007, up from 3,733 the year before. The CCRB registered 723 offensive language complaints, up from 632 in 2006.

The CCRB also found a pattern of repeated abuse by certain police officers. It said 44 percent of officers were responsible for 70 percent of all complaints. Ninety of 645 officers who received instructions as a disciplinary penalty got another complaint for the same allegation, the CCRB said. In their defense, the NYPD said 92 percent of the repeat allegations were not substantiated.

"If there is misconduct, we go forward with it," said Ms. Schwartz. "We are not afraid to do what is right and appropriate."