Conflict Quickly Emerges Between Top Prosecutor and Police Commissioner
A memo by New York City’s new police leader sharply questioned Manhattan’s new district attorney over his strategy for prosecuting crime.New York City’s new police commissioner has expressed severe dissatisfaction with the policies of the new Manhattan district attorney, sending an email to all officers late on Friday that suggests a potential rupture between City Hall and the prosecutor over their approaches to public safety.The email from Police Commissioner Keechant Sewell said she was deeply troubled by policies outlined by Alvin Bragg, the district attorney, in a 10-page memo that Mr. Bragg sent to his staff on Monday. The memo instructed prosecutors to avoid seeking jail or prison time for all but the most serious crimes, and to cease charging a number of lower-level crimes.Commissioner Sewell, who, like Mr. Bragg, was just a week into her job, said in her email to about 36,000 members of the department that she had studied the policies and come away “very concerned about the implications to your safety as police officers, the safety of the public and justice for the victims.”The email, which was first reported by WNBC-TV, suggests a looming conflict not just between them, but also between the new district attorney and the commissioner’s boss, Mayor Eric Adams.The collision course between the mayor and the district attorney was sketched out during the Democratic primary in the spring of 2021. Mr. Adams made a crackdown on crime one of the main themes of his campaign; Mr. Bragg, following in the path carved by a handful of prosecutors in cities around the country, pledged to help reshape the legal system, to avoid disproportionate punishment for first-time offenders or those struggling with mental health issues or poverty.In a statement on Saturday, a spokesman for the district attorney’s office said: “We share Commissioner Sewell’s call for frank and productive discussions to reach common ground on our shared mission to deliver safety and justice for all and look forward to the opportunity to clear up some misunderstandings.”“For our office, safety is paramount,” the statement said. It added that contrary to the way that Commissioner Sewell and others had interpreted parts of the memo, the office intended to charge anyone who used guns to rob stores or who assaulted police officers with felonies. “All must be held accountable for their actions,” it said.To some degree, the emerging tensions between the commissioner and Mr. Bragg reflect a broader political argument between centrist Democrats across the nation looking to soothe voters worried about crime and a movement of progressive prosecutors that has pushed for more lenient policies to make the justice system more fair and less biased.Police Commissioner Keechant Sewell has expressed serious concerns about Mr. Bragg’s policies.Hiram Durán for The New York TimesSome of those tensions are likely to play out in Albany this year in a debate over whether to scale back changes in a state bail law that went into effect two years ago, and that provoked strong reactions almost immediately.There is always an ingrained tension between the police and prosecutors that often centers on what charges to bring and, at times, whether there is sufficient evidence to make an arrest. For the police, in some measure, the job ends with handcuffs, while prosecutors are left with proving a case beyond a reasonable doubt or finding some other resolution. But such arguments do not often became public at all, let alone so early in a new administration.Mr. Adams has been complimentary about Mr. Bragg when asked about him in recent interviews, calling him a “great prosecutor” and declining to criticize the memo. Asked about the commissioner’s email, the mayor’s office responded with a statement from Stefan Ringel, a senior adviser: “The mayor has deep respect for the district attorney and looks forward to working with him and the police commissioner to make sure the streets are safe, and to discussing any concerns directly.”A police spokesman said the email “speaks for itself.”Mr. Bragg and Mr. Adams, both Democrats, have significant histories in law enforcement, and both have pledged some measure of reform. Mr. Bragg, a former federal prosecutor, stood out in a competitive primary vowing to balance safety with justice. Mr. Adams, a former police captain, has spoken out against police brutality and, while serving, pushed for changes within the department.Mr. Bragg is the first Black person to lead the district attorney’s office, Mr. Adams is the second Black mayor in the city’s history, and Commissioner Sewell is the first woman and third Black person to lead the Police Department.In his memo, Mr. Bragg instructed his prosecutors that unless they were required by law to do otherwise, they should ask judges for jail or prison time only for those who had committed serious offenses, including murder, sexual assault and major economic crimes. Others, he has said, would be directed to programs better equipped to deal with the issues that had led them to commit the crimes.The new district attorney also instructed his prosecutors not to charge a number of misdemeanors. Many of the crimes on his list already were not being prosecuted by his predecessor, Cyrus R. Vance Jr. But Mr. Bragg directed his staff to avoid charging several misdemeanors which previously had been charged, including resisting arrest.“These policy changes not only will, in and of themselves, make us safer; they also will free up prosecutorial resources to focus on violent crime,” Mr. Bragg said in his memo.The directive on resisting arrest was among those that Commissioner Sewell expressed most concern about. She said that it would send a message to police officers and others that there was “an unwillingness to protect those who are carrying out their duties.”“I strongly believe that this policy injects debate into decisions that would otherwise be uncontroversial, will invite violence against police officers and will have deleterious effects on our relationship with the communities we protect,” she wrote.Incoming N.Y.C. Mayor Eric Adams’s New AdministrationCard 1 of 7Schools Chancellor: David Banks. More