[AndyPharmc]

When Official Truth Collides With Cheap Digital Technology

NY TIMES
By JIM DWYER
July 30, 2008
About New York
Around 9:30 on Friday night, a bicyclist pedaling down Seventh Avenue veered to the left, trying to avoid hitting a police officer who was in the middle of the street.
But the officer, Patrick Pogan, took a few quick steps toward the biker, Christopher Long, braced himself and drove his upper body into Mr. Long.
Officer Pogan, an all-star football player in high school, hit Mr. Long as if he were a halfback running along the sidelines, and sent him flying.
As of Tuesday evening, a videotape of the encounter had been viewed about 400,000 times on YouTube. “I can’t explain why it happened,” Police Commissioner Raymond W. Kelly said on Tuesday. “I have no understanding as to why that would happen.”
But this episode was not just a powerful crash between one bicyclist and a police officer. It may turn out to be yet another head-on collision between false stories told by some police officers in criminal court cases and documentary evidence that directly contradicts them. And while in many instances the inaccurate stories have been tolerated by police superiors and prosecutors, Officer Pogan’s account is getting high-level scrutiny.
Later that night, Officer Pogan composed a story of his encounter with Mr. Long. It bore no resemblance to the events seen on the videotape. Based on the sworn complaint, Mr. Long was held for 26 hours on charges of attempted assault and disorderly conduct.
Over the weekend, though, the videotape, made by a tourist in Times Square with his family, fell into the hands of people involved with Critical Mass, the monthly bicycle rally that Mr. Long had been riding in.
The availability of cheap digital technology — video cameras, digital cameras, cellphone cameras — has ended a monopoly on the history of public gatherings that was limited to the official narratives, like the sworn documents created by police officers and prosecutors. The digital age has brought in free-range history.
Hundreds of cases against people arrested during the 2004 Republican National Convention collapsed under an avalanche of videotaped evidence that either completely contradicted police accounts, or raised significant questions about their reliability. The videotapes were made by people involved in the protests, bystanders, tourists and police officers.
At the New York Public Library, a small group holding a banner against one of the stone lions was arrested and charged with blocking traffic in the middle of 42nd Street, although video showed they were on the steps, and nowhere near the street.
In another case at the library, a police officer testified that he and three other officers had to carry one protester, Dennis Kyne, by his hands and feet down the library steps. Videotape showed that Mr. Kyne walked down the steps under his own power, and that the officer who testified against him had no role in his arrest. The charges were dismissed; the Manhattan district attorney’s office declined to bring perjury charges against the officer who gave the testimony.
Dozens of complaints were sworn by police officers who said they had witnessed people violating the law on Fulton Street and near Union Square, but later admitted under oath that their only involvement was to process the arrests, and that they had not actually seen the disorderly conduct that was charged.
An assistant to District Attorney Robert M. Morgenthau wrote to the Police Department to stress the importance of officers’ not swearing to things they had not seen for themselves. The prosecutors said the confusion surrounding mass arrests made it hard to bring perjury charges.
The case of Christopher Long and Officer Pogan is shaping up as another example of an official narrative being directly challenged by videotape.
In a criminal court complaint, Officer Pogan wrote that Mr. Long deliberately attacked him with the bike — although the videotape shows Mr. Long veering away from Officer Pogan, who pursues him toward the curb.
The officer said he was knocked to the ground by Mr. Long. Throughout the tape, though, he remains on his feet, even after banging into Mr. Long.
The police officer wrote that Mr. Long had been “weaving” in and out of traffic, “thereby forcing multiple vehicles to stop abruptly or change their direction in order to avoid hitting” Mr. Long. However, in the videotape, it appears that there are no cars on the street.
Mr. Long is due back in court in early September. By then, most of Mr. Long’s bruises are likely to have healed. The prognosis for the truth is not so clear.
Copyright 2008 The New York Times Company
***
Caught on Tape
Videotapes made at protests and mass bike rallies in recent years such as the following three examples have shown major discrepancies in the police accounts of events that were captured on camera.
I. Arrests made during the 2004 RNC at the main public library. The people were accused of blocking traffic in the middle of 42nd Street.
Watch the clip »
Read the related article »

II. Arrest of Dennis Kyne, who a police officer said had to be carried down the stairs by four officers. (Contains strong language.)
Watch the clip » [iwitnessvideo.info]

III. The arrest of Alexander Dunlop, a bicycle rider accused of flailing his arms to resist arrest after he allegedly rammed his bicycle into a line of police officers. Dunlop appears on the right-hand of the screen, calmly walking his bike.
Watch the clip » [iwitnessvideo.info]
Read the complaint filed against the cyclist Christopher Long by the police officer [pdf] »


Related

About New York: In Day of Mass Arrests, Divergent Versions of Events (August 29, 2007)

[ggdfgtdfffhfyj]

The availability of cheap digital technology — video cameras, digital cameras, cellphone cameras — has ended a monopoly on the history of public gatherings that was limited to the official narratives, like the sworn documents created by police officers and prosecutors. The digital age has brought in free-range history.

Amen to that.

[pouslytut]

That second video of the cop hitting the guy with his baton makes me sick and is hard to watch.

[bgsavings]

That sought of unprovoked actions by the NYPD is nothing new and merely just an after thought of a problem that has existed now for many years. While relations between the NYPD and the community have improved, police brutality and misconduct has shown no signs of letting up.

[sttrqiss]

NY1

NYPD To Launch Program For Public To Report Police Abuse



July 30, 2008

As officials investigate two instances of alleged police brutality caught on tape, the police commissioner announced Wednesday that New Yorkers will soon be able to send their pictures and video of such incidents right to the department for review.

Police Commissioner Ray Kelly said the program will be up and running in the next two months, but text messaging capability could be set up as early as next week.

"When people can record an event taking place, that helps us during an investigation. It's helpful," said Kelly.

The news came as the Patrolmen's Benevolent Association jumped to the defense Wednesday of another officer caught on tape using force against a pedestrian.

The latest video shows Officer Maurice Harrington hitting 46-year-old Michael Cephus several times with a baton as he was arresting him in Lower Manhattan on July 4th.

"I was shocked," said Cephus. "I was like, 'Why y'all doing this to me, what did I do?' And they didn't have no answer for me."

Photos taken after the incident showed large bruises and welts on Cephus's face, back and other parts of his body

"I wasn't resisting no arrest, I was never really put under arrest until I found out when I was on the ground," said Cephus. "They just started coming at me, hitting me, hitting me, hitting me."

Cephus's attorney, Steven Orlow, called the force extraordinarily excessive.

"To have the representative of the rank and file describe what occurred, what we all see in this video as absolutely acceptable and standard is to indicate there's absolutely something pathologically wrong with the standards that exist in the police department," said Orlow.

Orlow says police accused his client of trying to bring liquor into a park as he was heading to watch the fireworks. Harrington said in court papers Cephus was swinging an umbrella as a weapon and resisted arrest.

"He held with a death grip onto the baton of the police officer, resisted arrest," said Pat Lynch, president of the PBA. "A police officer cannot walk away, we must effect that arrest. They did and they did it appropriately."

Lynch said the officer was justified but the commissioner withheld judgment.

"I explained before if any disciplinary actions comes as a result of these investigations is going to come from me, so it's not appropriate for me to make those sorts of comments,” said Kelly.

The NYPD has placed Harrington on modified desk duty pending the outcome of an investigation.

He's the second officer to be taken off the street this week, joining Patrick Pogan who was reassigned after being caught knocking a cyclist to the ground during a mass bike ride in Times Square. Kelly says that case is also being investigated by Internal Affairs. The police union says Pogan took appropriate action.

The cyclist, Christopher Long, is facing charges of blocking traffic, resisting arrest, disorderly conduct and assault.

Orlow filed a notice of claim with the city comptroller's office, putting the police department on alert of an impending lawsuit from Cephus.

[Quality4Qty]

... send their pictures and video of such incidents right to the department for review. (and right into the round file for additional cover up)

[jhkjurter]

First upload them to youtube.

[moredasers]

NY1

Surveillance Video Reportedly Shows Another Cop Beating

July 31, 2008

For the third time in less than a week, there are reports today of yet another video showing police allegedly striking a man.

According to the Daily News, a surveillance tape from inside the De Hostos Apartments on West 93rd Street shows an officer beating Army vet Walter Harvin, 28, after he had been arrested and was in handcuffs.

Harvin told the paper he was stopped after trying to enter the building without keys. He admitted to pushing the officer who grabbed his arm, but he claimed he was then beaten while in handcuffs.

According to court papers, the arresting officer says Harvin shouted "You can't take me," and was hitting officers with his fists and feet. NY1 has reached out to the NYPD and the police union for comment, but have not heard back.

The paper cites a source saying the arresting officer has been put on desk duty.

Harvin, meanwhile, is facing charges of third-degree assault and resisting arrest.

The incident comes on the heels of a video showing an officer beating a man with his baton on July 4th, and another, in which an officer knocks down a cyclist during a protest in Times Square.

While the police union has said the use of force in both cases was justified, the officers have been reassigned pending an investigation.

[duribass]

Looks like they're gonna need some more desks

[WhonyGataxott]

These stations houses are probably going to start looking like kindergarten classrooms with all of these poorly behaved people sitting at desks being useless.

[geniusxs81]

That second video of the cop hitting the guy with his baton makes me sick and is hard to watch.

eith crime about to tick up with the economy ticking down, there will be more cases of this.

[OixKKcj1]

This story displays two major problems in this city:

1. Police brutality - you guys have covered this pretty well.

2. Bicyclists - the relationship between bicyclists, the police, and driving and walking citizens of the city is a powder keg. It isn't just Critical Mass, either, although their protests here do routinely end up in some sort of cop/cyclist or cyclist/driver violence. I'm talking about cyclists getting zero respect from anyone and in turn giving zero respect back. Drivers block bike lanes, open doors into cyclists, pedestrians walk out into the street in front of cyclists who have the right of way, etc. And cyclists fail to follow the rules of the road, riding against traffic, failing to stop at red lights, not giving the right of way to pedestrians, riding on the sidewalks, etc. Frankly the situation sucks. It is both recreational riders and delivery riders but the problem is more with the latter. Personally I think bikes need to be given the full rights AND responsibilities of car drivers. That means following every rule of the road but also getting special privileges, obviously including the right to use the bike lanes, which the city needs to keep clear. Actually the laws are already on the books, it's a matter of enforcement.

[piramirra]

So that ^ would mean that cyclists must also get an operator's license in order to ride on City streets, pass a test to get same and have a government issued license displayed on their cycle (which also must have an annual inspection)?

[puzobok]

I hadn't thought of that, but no, I don't think I would require a cyclist license.

[gDGwm8BC]

Loft, that would be a little hard to enforce.

I know what you are saying, and know what you are implying, but having cyclists follow the rules of the road would Eb a good first step....

How would you enforce it though? For some messengers, I can see requiring some sort of business license, but I cannot see that for immigrant delivery labor (food/etc). We saw a guy in Queens get hit right in front of us. Did he wait for an ambulance? No. He ran away.

Makes you realize that either he was misinformed about medical here in the US, OR that he was afraid of being "caught" (deported probably).

This is not an easy issue, but it definitely needs addressing.

[qp0yfHOf]

Don't ask me (I'm not proposing nothing).

Ask Optimus Prime -- who previously suggested:

Personally I think bikes need to be given the full rights AND responsibilities of car drivers.

That means following every rule of the road ...

[fgfblog]

I know, and i know you were splitting hairs on that as well!

[Maryjasmine]

We've had a few situations like this in Norway lately too, were the police have actually beaten innocents to death, with no apparent reason at all... I think the first step to solving this problem is for other police representatives to stop defending this. If they knew they would get shunned by their peers I think the threshold for violence would be a lot higher, but as long as they got all their buddies patting their backs telling them they did the right thing...

[ggiifdfalls]

Go to Amsterdam and you will see a very bike friendly city functioning perfectly.

[zzquo0iR]

This story displays two major problems in this city:

I'm talking about cyclists getting zero respect from anyone and in turn giving zero respect back. Drivers block bike lanes, open doors into cyclists, pedestrians walk out into the street in front of cyclists who have the right of way, etc. And cyclists fail to follow the rules of the road, riding against traffic, failing to stop at red lights, not giving the right of way to pedestrians, riding on the sidewalks, etc. Frankly the situation sucks.

I completely agree with this statement, especially the part about cyclists getting "zero respect". Of course I am a bit biased being one of them

You might be surprised to learn that in my view at least pedestrians cause at least as much danger as motor vehicles. If you are going to cross against the light, at least make sure you are not doing so at the expense of a rider's right or way. I mean we all do it but at least recognize you do not have the right of way and yield if necessary. I cannot tell you how often a crossing pedestrian has caused me to swerve into a lane of traffic. I will freely admit that as as a biker i violate some of the vehicular rules as well, but I do not infringe on the rights of way of others. Maybe that is rationalization but whatever.

Relatively speaking, Cabs are not as bad as you might think. There are always exceptions of course, but for the most part they seem aware of your presence which is better than others. Buses are OK too. Cars with out of town plates are the worst though.

p.s. the new green bike lanes along broadway to so ho and and along 5th in the flat iron district are kind of cool