Garner, Eric

Subterms

    Latest story

    63 Shares159 Views

    One Final Day of Campaigning

    by

    The elections for mayor in New York City and Buffalo could signal the direction of the Democratic Party in the state.It’s Monday. We’ll take a last look at the campaigns and the candidates. Did I mention that tomorrow is Election Day?Tony Cenicola/The New York TimesFrom Buffalo to Brooklyn, the contests voters will decide tomorrow pose fresh tests and create fresh tension about the identity and direction of the Democratic Party in New York.Eric Adams, the likely next mayor of New York City, has presented himself as both a “pragmatic moderate” and “the original progressive.” A former police captain who fought for reforms from within the system, he disdained the “defund the police” movement. He has said that public safety was a prerequisite to prosperity and has reached out to the city’s big-business community. And he defeated several more liberal candidates in the June primary.A different face of the Democratic Party has emerged in the closely watched contest for the mayor of Buffalo. India Walton, a democratic socialist, defeated the incumbent, Byron Brown, in the June primary. Brown is now running as a write-in candidate in what has become a proxy battle between left-wing leaders and more moderate Democrats. Walton has referred to Brown as a “Trump puppet” who has become complacent about Buffalo. His campaign has questioned her character and painted her proposals as “too risky,” a message that she countered was fearmongering.My colleague Katie Glueck writes that power dynamics are now being renegotiated at every level of government. “There’s a battle of narratives in New York,” said State Senator Jabari Brisport, a Brooklyn socialist. “New York is in the midst of finding itself.”Curtis Sliwa as the Republican in the raceIn New York City, Adams’s opponent is Curtis Sliwa, who presents his main qualifications as his decades of patrolling the subways and leading the Guardian Angels, the beret-wearing vigilante group he founded.What a Sliwa mayoralty would look like is an open question, a question that also trails Adams. Sliwa is a Republican newbie — he registered as a Republican only last year — and when he announced his candidacy, some people wondered whether it was just another publicity stunt.Attention-getting soon defined Sliwa’s campaign. He went to an apartment building in Fort Lee, N.J., where Adams co-owns an apartment with his partner, to suggest that Adams did not live in New York. On Twitter, Sliwa called Adams’s residency “the biggest unanswered question since Big Foot, Loch Ness Monster & Bermuda Triangle combined.” (Adams has said that his primary residence is a townhouse he owns in the Bedford-Stuyvesant section of Brooklyn.)Sliwa’s tactics were no surprise to those who have followed his career. “For the most part, the person you see in public making bad rhymes before the camera is now the actual person,” said Ronald Kuby, a lawyer who once co-hosted a talk-radio show with Sliwa and is now a trenchant critic. “It’s just one long, desperate and reasonably entertaining cry for attention.”A likely district attorney who has been a police adversaryAlvin Bragg, who is favored to be the next Manhattan district attorney, spent time last week in a virtual courtroom. He was questioning a police lieutenant about the day that an officer held Eric Garner in a fatal chokehold.For the last several years, Bragg has represented Garner’s family in their continuing fight for details about what happened before Garner, who was accused of selling untaxed cigarettes, died in 2014. The Garner case underscored some of the messages of Bragg’s campaign. He has said that he will not pursue some low-level crimes.He has also spoken frequently about police accountability. The district attorney typically works closely with the New York Police Department. Bragg’s involvement in the Garner inquiry — which highlighted a shameful episode for the department — suggested that his relationship with the police is likely to be more adversarial than that of his predecessors.Where Republicans stand a chanceIn some New York City Council races, Republicans are trying to win over voters who cast their ballots for Republicans for president and Democrats in local races. In a race in a Brooklyn district that is home to many Orthodox Jews and Russian and Ukrainian immigrants, Donald Trump Jr. recorded a robocall for the Republican City Council candidate, Inna Vernikov.“They’re trying to make it about the presidential election,” said Steven Saperstein, the Democrat in the race. “People in this district understand and they know that national elections are one thing, but on the local level you have to vote for the person.”In Queens, Democrats hope to flip the last Republican-held City Council seat in the borough. The Democrat in the race is Felicia Singh, a teacher who has been endorsed by the left-wing Working Families Party. She is running against Joann Ariola, the chairwoman of the Queens Republican Party.Voting maps and environmental rightsThere’s more on the ballot than the mayoral elections. All 51 City Council members will be chosen in New York City. And five potential amendments to the State Constitution are also on the ballot.One would redraw the state’s legislative maps, which occurs every 10 years. Among other things, it would cap the number of state senators at 63. Michael Li, a senior counsel at New York University’s Brennan Center for Justice, told my colleague Ashley Wong that the cap was necessary to prevent gerrymandering.Another ballot measure — a so-called environmental rights amendment — would enshrine a constitutional right to clear air, clean water and a “healthful environment.” The language is vague on just what a “healthful environment” is or how such a standard would be enforced.WeatherIt’s a new week, New York. Enjoy the sunny day in the high 50s, with clouds moving in at night and temps dropping to the mid-40s.alternate-side parkingSuspended today (All Saints Day) and tomorrow (Election Day).The latest New York newsSexual harassment and assault by detainees are compounding the crisis at Rikers Island.And in case you missed it …Complaint against Andrew Cuomo: Craig Apple, the Albany County sheriff, defended the decision to file a criminal complaint against Cuomo, who resigned as governor in August. Apple said he was confident that the district attorney would prosecute even though Apple had not coordinated the filing with prosecutors. The district attorney, David Soares, has not committed to going ahead with the case.Apple also rejected accusations that the filing was a “political hit job.”Cuomo was charged with forcible touching, a misdemeanor that carries a penalty of up to one year in jail, in connection with allegations that he groped a female aide’s breast. Cuomo’s lawyer, Rita Glavin, said he had “never assaulted anyone.” Cuomo is scheduled to be arraigned on Nov. 17.Letitia James’s candidacy: James, the New York attorney general who oversaw the inquiry into the sexual harassment claims that led to Cuomo’s resignation, declared her candidacy for governor. She begins the campaign as Gov. Kathy Hochul’s most formidable challenger. Others, including Mayor Bill de Blasio, may throw their hats in the ring, too.James, the first woman of color to be elected to statewide office in New York, is seeking to become the first Black female governor in the country. As attorney general, she made headlines for suing the National Rifle Association and investigating President Donald Trump. “I’ve sued the Trump administration 76 times — but who’s counting?” James said in the video announcing her campaign.Hochul, who is from the Buffalo area and is white, was the first governor in more than a century to have deep roots in western New York. Either would be the first woman elected governor.What we’re readingNew York’s Irish Arts Center is moving from a former tenement to a $60 million state-of-the-art performance facility.Inevitably, the last of the authentic delis have been joined by an increasing number of designer delis.MetROPOLITAN diaryDiscovering schavDear Diary:I was shopping for groceries with my mother at a supermarket in Riverdale. I noticed a dozen or so jars of something called schav lined up against a wall in the Jewish food section.I had never seen it before. It looked like a greenish vegetable soup.When we got out to the street, I asked my mother what it was.Before she could answer a man who was walking in front of us turned around.“What?” he said, looking me right in the eye. “You don’t know what schav is? You eat it with a cold boiled potato and it’s delicious!”— Nancy L. SegalIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you tomorrow. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Melissa Guerrero, Rick Martinez and Olivia Parker contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More

    More stories

    • 138 Shares109 Views

      in Elections

      Alvin Bragg, Manhattan's Likely Next D.A., Questions NYPD Over Eric Garner

      by

      Days before the election, Alvin Bragg, who is heavily favored to win office, is participating in an inquiry into Eric Garner’s killing by the N.Y.P.D.It was the week before Election Day, but Alvin Bragg was not glad-handing or fund-raising, not out on the campaign trail or meeting with veterans of the office he hopes to run.Instead, he was in a virtual courtroom, questioning a member of the New York Police Department about the events of July 19, 2014, the day that Eric Garner told a police officer who held him in a chokehold that he could not breathe.Mr. Bragg, the Democratic nominee for Manhattan district attorney who is heavily favored to win the office in the general election on Tuesday, has, for the last several years, represented the family of Mr. Garner as they have continued to seek details about the lead-up to his killing that day, an event that brought urgent attention to the way that Black men are policed in New York City and around the country.This week, that fight culminated in a judicial inquiry during which Mr. Bragg and others closely questioned members of the police department, shedding more light not only on Mr. Garner’s death but the departmental focus on fighting low-level crimes that led the police to pursue him in the first place.While Mr. Bragg could not have planned for the election and the judicial inquiry into Mr. Garner’s death to coincide so closely, the case drives home some of the key messages of his campaign: He has said that he will cease to pursue a number of low-level crimes, and has spoken frequently about police accountability.The district attorney works hand-in-hand with the New York Police Department and Mr. Bragg’s involvement in the inquiry — which highlights anew a shameful episode from the department’s recent past — indicates that his relationship with the department will be more adversarial than that of his predecessors.“I think that there are risks involved for him, because he is going to need to work with the police department as district attorney,” said Jessica Roth, a director of the Jacob Burns Center for Ethics in the Practice of Law at Cardozo University.But, she added, Mr. Bragg’s involvement in the inquiry was consistent with priorities he had articulated throughout his campaign.“The inquiry is to try to find out what happened, and whether people acted consistently with their duty,” Ms. Roth said. “Bragg has worked in law enforcement for most of his career and worked productively with police. Holding people accountable and thinking about issues systemically does not necessarily put one at odds with the police department.”Gwen Carr, center, the mother of Eric Garner, said she was grateful that Alvin Bragg, left, has stayed with the case. Andrew Seng for The New York TimesMr. Bragg, 48, is a former federal prosecutor who also worked at the New York State attorney general’s office, where he rose to become chief deputy attorney general. He is running to lead an office that handles the cases of tens of thousands of defendants each year, the majority of them built on arrests made by the New York police.Though the office can decline to charge defendants arrested by the police, it does not do so often: In 2019, under the current district attorney, Cyrus R. Vance Jr., the office declined to prosecute 9 percent of all the arrests it evaluated.That number is low in part because the Police Department responds to policy decisions made by the district attorney. When prosecutors in the office stopped charging defendants with fare evasion, for example, arrests on that charge dropped.While that responsiveness is likely to continue if Mr. Bragg assumes the office, any disagreement between him and the department — or the likely next mayor, Eric Adams, who plans to restore the police’s anti-crime unit — may lead to public friction of the type that has become more common between prosecutors and police representatives, particularly in cities like Philadelphia where the police union has actively campaigned against the sitting district attorney, Larry Krasner.Mr. Bragg’s Republican opponent, Thomas Kenniff, has also called for the restoration of the anti-crime unit, and for a renewed focus on low-level crimes.Eugene O’Donnell, a professor at the John Jay College of Criminal Justice and a former police officer, said in an interview that both prosecutors and the police had become more politicized in recent years, a dynamic that can stoke tensions, but that the police would respect a judicious approach from Mr. Bragg.“He has to be an honest broker,” Mr. O’Donnell said of Mr. Bragg.Mr. Bragg has made his own fraught encounters with the police a foundational part of his campaign narrative, and police accountability is at the heart of his résumé.During his second stint at the New York attorney general’s office, he led a unit charged with investigating the police killings of unarmed civilians, which was created in part as a response to Mr. Garner’s death. (Mr. Garner’s mother, Gwen Carr, was present when Mr. Cuomo signed the order that led to the creation of that unit.)Upon taking office as district attorney, Mr. Bragg plans to establish a Police Integrity Unit that will report directly to him, siloed off from the rest of the office to avoid any conflict with other bureaus.Mr. Bragg has a long history of working with law enforcement agents. He is not widely seen as a bomb-thrower, but instead, a coalition-builder with an ability to make varied parties feel as if their concerns have been heard.“I say what I don’t want officers to do, but I think it’s important in the next breath to say what I want them to do: to be our partners in fighting against gun trafficking and sexual assaults,” Mr. Bragg said, adding that he had always been “profoundly aware” that he stays at his desk while law enforcement agents are in the field.“The police officers I work with are the ones who will then go do the arrest or do the search warrant and that’s challenging, profoundly important and can be dangerous,” Mr. Bragg said.Mr. Bragg did not grandstand or otherwise draw attention to himself during the judicial inquiry this week, as he questioned Lt. Christopher Bannon, the police commander who, after being told of Mr. Garner’s death via text message, said that it was “not a big deal.”Still, Mr. Bragg fought to nail down every last detail, asking a number of questions about a meeting at which the police department discussed cracking down on the illegal sale of cigarettes and the protocol of filling out a memo book. The judge, Erika Edwards, who has referred to the inquiry as a “trailblazing” effort at transparency, was occasionally compelled to hasten him along.Mr. Bragg mentioned his representation of Mr. Garner’s family with pride throughout the campaign and Ms. Carr has, in return, expressed her gratitude toward him, particularly for his presence in the courtroom over the course of this past week.“I am truly pleased he chose to represent me in this inquiry when he could be out campaigning,” she said. “He said he would see this inquiry through to the end. My family and I are grateful for that.”Troy Closson More

    • 138 Shares199 Views

      in Elections

      Maya Wiley Takes Credit for Daniel Pantaleo’s Firing. Is That Justified?

      by

      When she was the head of the Civilian Complaint Review Board, Ms. Wiley was criticized for not being more aggressive in pursuing discipline against officers.Maya Wiley’s bid to become mayor of New York City is based largely on her promise to overhaul the Police Department, and she often highlights her one-year stint as head of the city’s police watchdog agency, the Civilian Complaint Review Board, as evidence of her commitment.In particular, she focuses on the agency’s role in the 2019 firing of Daniel Pantaleo, the police officer whose chokehold led to Eric Garner’s death in 2014 — a flash point that became the impetus for the Black Lives Matter movement.But a review of her time leading the agency paints a more complicated picture of her actions in that case and of her experience holding officers accountable. Her critics say that the board felt more beholden to City Hall during her tenure, and they charge that the agency’s management and performance suffered.Ms. Wiley also faced criticism that she did not use her time at the board, where she was chairwoman from mid-2016 to mid-2017, to pursue cases more aggressively.In 2012, the agency recommended charges in about 70 percent of cases. The number declined steadily until 2016, when it was 12 percent. In 2017, it was 11 percent, according to agency reports.In the same period, the agency was much more likely to recommend training and instruction for officers, one of the least serious forms of discipline. That recommendation was issued in 5 percent of cases in 2012 and 44 percent in 2016.“The dramatic changes in C.C.R.B. recommendations over the last three years raise serious questions about the C.C.R.B.’s commitment to meaningful civilian oversight,” Christopher Dunn, then the associate legal director of the New York Civil Liberties Union, wrote in a 2017 letter to Ms. Wiley.Board leaders have said that they decided to seek lesser penalties in a bid to compel police officials to agree to impose discipline more often. Ms. Wiley added in an interview that the city had also expanded the array of disciplinary actions that could be recommended, allowing the review board to opt for less severe punishment.“It’s not really surprising that you would see charges going down as you had more tools, recommendations for those things that are the less extreme versions of some of those cases,” she said.Of all the cases that came before the review board, none was as highly charged or closely scrutinized as the death of Mr. Garner. It took five years for Mr. Pantaleo, who was never criminally charged in the case, to lose his job.Ms. Wiley, on the campaign trail and in candidate debates, has referenced her role in the process that ended with the firing of Mr. Pantaleo, and recently released an ad entitled “Breathe,” a reference to Mr. Garner saying repeatedly, “I can’t breathe” as officers tried to detain him.Gwen Carr, center, the mother of Eric Garner, at a 2019 protest following a decision by federal officials not to charge Daniel Pantaleo in her son’s death. Ms. Carr has endorsed Raymond J. McGuire for mayor.Byron Smith for The New York TimesIn the ad, Ms. Wiley said it was “time the N.Y.P.D. sees us as people who deserve to breathe.”At the time of Mr. Garner’s death, Ms. Wiley was serving as counsel to Mr. de Blasio. As such, she was one of his top two legal advisers, along with Zachary W. Carter, Mr. de Blasio’s corporation counsel.The de Blasio administration settled on a legal strategy of not pursuing its own administrative charges — a necessary prelude to firing a police officer — against Mr. Pantaleo, while the city deferred to the Staten Island district attorney and federal authorities, who were considering more severe criminal penalties.Mr. Carter said in an interview that City Hall did not want to initiate an internal Police Department trial at the N.Y.P.D. that might risk producing testimony that could muddy the state and federal cases.The decision allowed Mr. Pantaleo to remain on the city payroll for five years, as investigations by the district attorney’s office and the civil rights division of the Obama administration’s Justice Department wound down with no criminal charges ever filed.Mr. Carter defended the administration’s strategy and said that it was common procedure for local law enforcement agencies to defer to federal investigators.He said that when he was U.S. attorney for the Eastern District of New York, and prosecuting the Abner Louima police brutality case, he had similarly asked other authorities to suspend their investigations until he was done with his own. Justin Volpe, the officer who sodomized Mr. Louima, was not fired until the day that he pleaded guilty, Mr. Carter said.Mr. Carter said that Ms. Wiley was a “conscientious lawyer” who understands that lawyers have to respect the law, “when it favors you and when it doesn’t.”Despite her role in the administration, Ms. Wiley has faulted Mr. de Blasio for the city’s handling of the Garner case. During a mayoral forum held by WPIX-TV last month, she said that had she been mayor, “Daniel Pantaleo would have already been off the force.”But if she ever advised the mayor to more promptly fire Mr. Pantaleo while she was the mayor’s counsel, Ms. Wiley declined to say, citing attorney-client privilege.Two people who were in meetings with the mayor and his executive staff about the Garner case could not recall an instance in which Ms. Wiley argued for swifter discipline, though she might have done so privately.Anthonine Pierre, deputy director of the Brooklyn Movement Center, said that while Ms. Wiley worked to maintain relationships with police accountability organizers while leading the Civilian Complaint Review Board, Ms. Wiley was never “out of step with de Blasio.”“When we look at the fact that it took five years for Pantaleo to be fired and part of that time was under her watch, I think a lot of people should be asking her questions about what that was about,” Ms. Pierre said. “We’re not looking for another mayor who is good on rhetoric and bad on accountability.”Mina Malik, who was executive director for two years at the police review board until November 2016, accused Ms. Wiley of overstating her role in Mr. Pantaleo’s dismissal..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“Frankly, for Maya to take credit for bringing Pantaleo to justice is not accurate,” she said. “The investigation, chokehold findings and recommendations were made before Maya came on board.”But other current and former agency board members defended Ms. Wiley, who has also taken credit for ensuring that the review board’s civilian prosecutors bring the administrative case, rather than the Police Department’s lawyers.Angela Fernandez, a former C.C.R.B. commissioner whose tenure overlapped with Ms. Wiley, said that the Pantaleo prosecution was the highlight of Ms. Wiley’s leadership.John Siegal, another C.C.R.B. commissioner, still remembers the day the police commissioner ratified an internal judge’s determination that Mr. Pantaleo should be fired.“I called Maya, and I said, ‘Congratulations, you were the one official in American who utilized her official responsibilities to move this case,’” he recalled. “‘The attorney general didn’t do it. The Justice Department didn’t do it, nobody else did it, you did it. And you are to be congratulated on that.’”Ms. Wiley’s leadership also came under fire for allowing the board to make decisions out of public view — a criticism that echoed similar assessments of her work as counsel to Mayor Bill de Blasio.As counsel, Ms. Wiley argued that the mayor’s emails with a cadre of outside advisers did not have to be disclosed to the public because the advisers were acting as “agents of the city.” Thousands of pages of those emails were eventually released, to the mayor’s embarrassment.Under her watch at the review board, questions of transparency arose when a highly anticipated report on the use of Taser stun guns was released in October 2016.A draft report that had been leaked that spring said the police should prohibit the use of the stun guns on handcuffed subjects and highlighted that officers used the stun guns on people who were unarmed. But in the final version, released after the draft report had been circulated to City Hall and the Police Department, that language was absent — a change that officials said was part of the usual rewriting process.In February 2017, Mr. Dunn sent another letter to Ms. Wiley asserting that “the board has ceased to engage in any meaningful public business.”“In the 16 years I have been attending board meetings and monitoring the C.C.R.B., I have never seen the board abandon its public responsibilities as it has in the last eight months,” he wrote. In an interview, Ms. Wiley suggested that should an Eric Garner-like tragedy arise on her watch as mayor, she would defer to the Biden administration before taking action herself, much as Mr. de Blasio deferred to the Obama administration.“If for any reason, there was any indication that we were not going to get movement, then it would be a different story,” she said. “But look, we’ve got the A-Team in this Department of Justice on civil rights right now.” More