NYPD Gives CCRB a Seat At the Prosecution Table; Role in Disciplinary Trials
By TOMMY HALLISSEY
After years of contentious relations, the NYPD and the Civilian Complaint Review Board came to an agreement Sept. 10 to allow CCRB attorneys to second-seat Police Department prosecutions of their cases.

RAYMOND W. KELLY: Will strengthen trial process.

Prior to the agreement, the NYPD Department Advocate's Office prosecuted all department disciplinary cases referred by the CCRB. Now, one of four CCRB attorneys will act as supporting counsel to NYPD civilian prosecutors.

The move comes just two months after the review board reported that CCRB-substantiated cases where the NYPD declined to prosecute jumped from 3.3 percent in 2006 to 34 percent last year. The CCRB received 7,559 complaints in 2007 and substantiated 296 of them.

'Don't Understand the Job'

"I know they try, but they don't understand the everyday reality of a police officer," said NYPD Department Advocate Julie L. Schwartz in July.

CCRB spokesman Andrew Case countered then, "To say that board members don't understand police work is flatly wrong."

CCRB Chairman Franklin H. Stone said at the time that the agency was pushing to review cases on its own. "If the department gave us the authority to prosecute these cases, we would be willing and able to do so," he said.

Creates 'Dialogue'

Reached last week, another CCRB spokesman, Phil Weitzman, said the joint prosecution agreement was the result of ongoing discussions between the two agencies.

"We have launched this pilot project with the expectation of strengthening our mutual efforts by having CCRB and NYPD attorneys collaborate as cases go to trial," said Police Commissioner Raymond W. Kelly in a statement.

CCRB Executive Director Joan Thompson said the agreement provided a great foundation for enhancing cooperation and dialogue. "We are hoping this is going to be a starting point for a solution to some of these disagreements," said Mr. Weitzman.

The agreement calls for a pilot program, but one without a sunset clause. Either agency can pull out at any time. Mr. Weitzman said the CCRB was not disappointed with its attorneys' playing second fiddle to NYPD prosecutors. Paul J. Browne, chief spokesman for the NYPD, said CCRB lawyers would have influence over prosecutions. "As with DAs, the second seat in the pilot will work with the Advocate's lead prosecutor and will be involved in presenting the case at trial," he said.

Mr. Weitzman said the CCRB would be able to handle the increased caseload despite having only four attorneys on staff compared to the NYPD's 24. "Right now we are not contemplating hiring more attorneys," said Mr. Weitzman. "We may re-examine it in the future."