Last April, Gothamist/WNYC broke news that prosecutors across the city were compiling secret lists of officers with potential dishonesty issues. Prosecutors use these lists to make disclosures to defense attorneys, and sometimes to figure out which police witnesses they want on the stand. Now, a federal judge has ordered the NYPD to incorporate these lists into an early intervention system, which will use data to identify officers exhibiting disturbing behavior.
Judge Analisa Torres, who is overseeing the remediation phase of the Stop & Frisk case, released the order on Tuesday, after months of disagreements between the plaintiffs’ counsel and the city’s law department.
“What we see with the ‘bad cops’ lists is a series of admissions that poor quality policing was going to compromise prosecutions, [but] the reality is poor quality policing compromises Black and Latinx people’s liberty,” said Dominique Day, a Beldock Levine & Hoffman attorney, who represents the plaintiffs. “Compromised police should not be in this unfettered way continuing to diminish the quality of policing.”
Day noted that she pushed to get the lists incorporated into the data-based alert program after seeing dozens of names of flagged officers being released to Gothamist/WNYC, following months of public records battles with district attorneys across the city.
The ruling will expand the NYPD’s pre-existing efforts to track potential bad apples. Currently the department uses data points, like civilian complaints and disciplinary actions, to trigger reviews for officers who might need additional training or further investigation. According to the judge’s order, an internal NYPD committee will use records from the DAs’ lists to consider early interventions and to track the decisions handed down to flagged officers.
In a May 28th filing, before the order was issued, the City’s Law Department argued against the inclusion of the DAs’ lists, pointing out that prosecutors do not have uniform standards for when officers are put on these lists.
In a statement, however, Jeffrey Schlanger, NYPD Deputy Commissioner of Risk Management, welcomed the development.
“Our early intervention system, which is separate and apart from the disciplinary system, will identify potentially at-risk officers and, through specifically tailored interventions, will attempt to ensure that officers avoid future problematic behavior and future disciplinary actions,” he said. “The system is designed to enhance public confidence in their police and to strengthen our officers as they serve and protect our communities.”
Nick Paolucci, a Law Department spokesman, noted that his agency will be working with the NYPD to comply with the order.
Judge Torres declined to comment on the order.
Since last October, prosecutors in the Bronx, Brooklyn, Queens, and Manhattan have released parts of their police credibility lists. The disclosures were made in response to FOIL appeals by attorney Gideon Oliver on behalf of Gothamist/WNYC.
If you have a tip about a prosecutor's office, a law enforcement agency or the courts, email reporter George Joseph at [email protected]. He is also on Facebook, Twitter @georgejoseph94, and Instagram @georgejoseph81. You can also text or call him with tips at 929-486-4865. He is also on the encrypted phone app Signal with the same phone number.
