
 
		‘The police should not police themselves’ 
 Attorney General Letitia James recommends NYPD reform in preliminary report 
 BY ALEJANDRA O'CONNELLDOMENECH 
 New York Attorney General  
 Letitia James recommended  
 sweeping police reform  in  
 a preliminary report released  
 Wednesday  on  police  actions  
 during last month’s George  
 Floyd protests. 
 After  a  video  of  Minneapolis  
 man  George  Floyd’s  
 death went viral  in May protests  
 against  police  brutality  
 erupted  across  the  country.  
 Protesters  first  took  to  the  
 streets  in  New  York  City  on  
 May 28 at Union Square. The  
 initially peaceful protest took  
 a  violent  turn  after  demonstrators  
 and officers scuffled  
 as  the  protesters  marched  
 toward  City  Hall,  ending  in  
 dozens  of  arrests.  Violent  
 clashes  would  continue  to  
 mark protests over the following  
 weeks. 
 After  daily  reports  of  officers  
 using  batons,  pepper  
 spray and charging  at peaceful  
 protesters  without  provocation, 
  James, the state’s most  
 powerful law enforcement officer, 
  announced in mid-June  
 that  she  would  conduct  an  
 investigation into police conduct  
 during the protests under  
 the direction of Governor  
 Andrew Cuomo. 
 The  preliminary  report  
 comes  after  30  days  of  “intense  
 scrutiny”  and  a  twoday 
 long  virtual  public  
 hearing  where  over  300  New  
 Yorkers  registered  to  speak  
 about  their  experiences  with  
 officers during protests. Dozens  
 of  protesters  and  activists  
 retold  stories  of  officers  
 charging  at  peaceful  protesters, 
  arresting legal observers,  
 trapping protesters in narrow  
 streets  with  a  tactic  called  
 “kettling,”  shoving  protesters  
 off  of  bicycles,  arresting  
 essential  workers  traveling  
 past a citywide 8 p.m. curfew,  
 using  pepper  spray  without  
 provocation  and  arbitrarily  
 throwing  protesters  to  the  
 ground  and  arresting  them  
 during demonstrations. 
 “It  is  impossible  to  deny  
 that many New Yorkers have  
 lost faith in law enforcement,”  
 said Attorney General James  
 during a conference call  
 ahead  of  the  preliminary  reports’ 
   release.  Between  May  
 28  and  June  7,  officers made  
 2,087  protest-related  arrests  
 in  New  York  City,  according  
 to  the  Attorney  General’s  office. 
   Forty-four  percent  of  
 State Attorney General Letitia Jamess  Photo by Todd Maisel 
 those  arrested  were  white;  
 39 percent were Black; and 13  
 percent  were  Latino.  Out  of  
 those  2,087  who  were  arrested, 
   16  percent  of  Black  protesters  
 were  charged  with  a  
 felony and 8 percent of Latino  
 protesters were charged with  
 a  felony.  Less  than  4  percent  
 of  white  protesters  and  less  
 than  4  percent  of  Asian  protesters  
 arrested were charged  
 with a felony. 
 The bulk of felony charges  
 were made on May 31, during  
 a night of citywide looting following  
 protests, according to  
 James.  Most  arrests  though  
 were  made  between  June  2  
 and 6 after Governor Andrew  
 Cuomo and Mayor Bill de Blasio  
 instituted an 8 p.m curfew,  
 suggesting the curfew ” was a  
 significant driver of arrests,”  
 the report found. 
 Even  though  the  Office  of  
 the  Attorney  General  is  still  
 conducting  its  investigation  
 into police conduct during the  
 protests,  James  issued  five  
 recommendations  to  reform  
 policing  in  her  preliminary  
 report.  The  first  suggestion  
 is  to  allow  for  public  insight  
 and  overview  of  police  policies  
 and  leadership.  In  order  
 to  do  this,  James  suggests  
 that  the  NYPD  be  overseen  
 TIMESLEDGER   |   QNS.22     COM   |   JULY 17-JULY 23, 2020 
 by a commission that has the  
 authority to hire and fire department  
 leadership,  including  
 the  commissioner,  and  
 also  has  complete  access  to  
 records  and  the  authority  to  
 approve  the  NYPD  budget.  
 The NYPD should also be required  
 to seek public input on  
 rule changes. 
 The  second  suggestion  
 is  to  reexamine  and  change  
 the  role  of  the NYPD  in New  
 York  City.  Minor  offenses  
 should  be  decriminalized  to  
 lower  the  number  of  negative  
 interactions  between  officers  
 and  civilians.  Officers  
 should  no  longer  be  the  “de  
 facto” response to issues like  
 mental  illness,  homelessness  
 and  school  safety,  the  report  
 says.  This  transformation  
 should  be  led  by  a  commission  
 equipped with a full-time  
 staff  and  resources  to  determine  
 how  to  remove  armed  
 officers from these situations  
 and  replace  them  with  professionals  
 with  specialized  
 training.  The  commission  
 should be given 12 months to  
 plan  the  transition  with  the  
 goal of implementing changes  
 by 2023, James said. 
 The  third  area  of  reform  
 is  in  the  area  of  accountability  
 and  transparency.  The  
 Office  of  the  Attorney  General  
 recommends  the  city  
 expand the authority of Civilian  
 Complaint  Review Board  
 to  have  final  disciplinary  
 power  over  holding  officers  
 accountable  for  misconduct.  
 Officers  should  also  be  certified  
 through  a  system  that  
 allows  for  “decertifying”  officers  
 guilty  of  misconduct  
 in order to prevent bad apples  
 from  being  rehired  by  another  
 department in the state,  
 the  report  says.  The  NYPD  
 should  also  create  an  open  
 data  portal  where  the  public  
 could easily access body camera  
 footage. 
 James’ fourth recommendation  
 calls  for  the  Office  of  
 Inspector  General  to  become  
 a  fully  independent  agency  
 that  reports  to  the mayor  instead  
 of to the Commissioner  
 of  the Department  of  Investigation. 
   The  final  recommendation  
 is  for  a  use-of-force  
 standard  to  be  codified  into  
 state  law.  Many  of  the  standards  
 related  to  officers’  use  
 of force in the NYPD’s Patrol  
 Guide are not codified in law  
 placing  the  responsibility  of  
 disciplinary  actions  on  the  
 Police  Commissioner.  Creating  
 a  use-of-force  standard  
 into  law  would  obviously  establish  
 legal  consequences  
 for abusive use. 
 “The  police  cannot  police  
 themselves,”  said  James.  “At  
 this point in time why is this  
 agency treated so differently  
 than all the others? That is the  
 question we need to address.” 
 Shortly after the release of  
 James’  preliminary  report,  
 City Hall quickly squashed  
 the idea of having a commission  
 oversee the NYPD. 
 “While  we  thank  the  Attorney  
 General for her investigation  
 and  look  forward  to  
 reviewing  the  report  in  full  
 and  working  together  to  further  
 reform  policing  in  this  
 city,  we  do  not  believe  creating  
 a  commission  to  oversee  
 the  NYPD  does  that,”  wrote  
 top  de  Blasio  spokesperson  
 Freddi  Goldstein  in  an  
 email.  “Over  the  last  seven  
 years,  stop-and-frisk  became  
 a  thing  of  the  past,  all  officers  
 were  trained  in  implicit  
 bias  and  de-escalation  and  
 outfitted  with  body  cameras,  
 and  neighborhood  policing  
 improved  trust  in  communities. 
   Change  comes  from  
 accountability,  something  a  
 commission lacks. If we want  
 to  continue moving  forward,  
 more  bureaucracy  is  not  the  
 answer.”