Why in God's name isn't it a criminal case?
Miriam
-----Original Message-----
From: blind-democracy-bounce@xxxxxxxxxxxxx On Behalf Of Roger Loran Bailey
(Redacted sender "rogerbailey81" for DMARC)
Sent: Monday, July 15, 2019 12:13 PM
To: blind-democracy <blind-democracy@xxxxxxxxxxxxx>
Subject: [blind-democracy] Eric Garner case finally heard — in a cops’ court
https://socialistaction.org/2019/07/14/eric-garner-case-finally-heard-in-a-cops-court/
Eric Garner case finally heard ??? in a cops??? court
/ 20 hours ago
July 2019 Gwen Carr, (Marty)
Gwen Carr, Eric Garner???s mother. (Marty Goodman / Socialist Action)
By MARTY GOODMAN
??? NEW YORK ??? The 2014 chokehold murder of Eric Garner, an unarmed
43-year-old African American man, by a city cop, Daniel Pantaleo, finally got
its first public hearing in June???not in a court of law but at an NYPD hearing!
The charges against Pantaleo were brought by the semi-independent Civilian
Complaint Review Board (CCRB). The NYPD Deputy Commissioner of Trials,
Rosemarie Maldonado, has 90 days to decide whether to fire Pantaleo, fine him
or dismiss the charges. She cannot jail Pantaleo since it is a non-criminal
case. Maldonado???s decision???which does not have to be released to the
public!???will be read by Mayor de Blasio???s top cop, James P. O???Neill, who
will ultimately rule on Pantaleo.
A possible Justice Department decision on civil rights violations must be
rendered before the fifth anniversary of Garner???s death on July 17.
It has been reported that the agency has reached a decision, to be announced
sometime in July.
Not one of the half-dozen cops present at Garner???s murder in 2014 have served
a single day in jail, despite hearing Garner cry out ???I can???t breathe??? 11
times! The lethal chokehold used by Pantaleo was banned by the NYPD in 1993,
but was used with deadly effect on Anthony Baez in
1994 and on other victims of police brutality like Eric Garner. Leaked
documents show that citizen complaints against Pantaleo were among the NYPD???s
worst (see ThinkProgress.org, March 21, 2017).
Pantaleo and his partner, Justin Damico, were told by commanding officer, Lt.
Christopher Bannon, to arrest Garner for selling ???loosies,???
or single cigarettes, a misdemeanor, at a storefront on Staten Island.
But, witnesses say, Garner had just broken up a fight when the cops arrived.
Upon learning of the death of Garner, Lt. Bannon texted with racist
indifference to arresting cops, ???Not a big deal.???
Pantaleo???s lawyer, Stuart London, claimed his client was using an approved
???seat-belt hold.??? However, Inspector Richard Dee, head of training at the
New York City Police Academy, testified that Pantaleo???s action was ???the
definition of a choke hold.??? Outrageously, London implied that Garner caused
his own death by not moving when ordered by police! An additional video showed
that all of the cops and an EMS crew left Garner lying on the ground for
several minutes without attempting resuscitation or using available oxygen.
Anti-racist activists packed the courthouse and maintained a noisy picket line
outside the hearings in lower Manhattan where well-attended press conferences
were held. Speaking after the concluding session on June 6, Gwen Carr, mother
of Eric Garner, said that the hearing sends ???a clear message that Black lives
do not matter.???
Pantaleo is now on desk duty, with 35% more in earnings (N.Y. Daily News). He
was present in the courtroom but refused to testify and thereby submit to
cross-examination by CCRB attorney Suzanne O???Hare. His lawyer, Stuart London,
said Pantaleo would be ???reckless??? to take the stand because the Justice
Department is still investigating.
After almost five years, President Barack Obama, New York Mayor Bill de Blasio,
and Donald Trump allowed Pantaleo to keep his job after the entire world saw
him choke Garner on a cell-phone video!
In 2015, New York City Comptroller Scott Stringer issued a $5.9 million check
to the Garner family, saying that the payout was ???in the best interests of
all parties.??? The police union denounced the settlement.
The payment was made by the city without conceding liability, which insulated
New York???s power structure from a drawn-out court suit that would further
expose the racist NYPD and ???progressive??? Mayor de Blasio???s cynical
inaction on police violence.
Phony ???socialist??? De Blasio campaigned for mayor on reforming racist police
practices, yet refused to fire Pantaleo, merely calling Garner???s death a
???terrible tragedy??? for all concerned???despite compelling video evidence!
Ramsey Orta, the quick-thinking activist who vide-oed Pantaleo choking Garner,
was arrested three weeks later on weapons charges. He was released on bail in
April 2015 and rearrested in 2016 on drug and weapons charges and sentenced to
four years. Orta says that what happened to him is retaliation for the video.
Orta says he???s endured harassment and beatings.
Orta has been in solitary confinement at least four times. Orta???s fianc??,
Deja Richardson, told Socialist Action that he is currently in solitary on a
90-day sentence. Orta was thrown back into solitary following his testimony
against Daniel Pantaleo via video from Groveland Correctional facility in
upstate New York. His release date is December 2019. It remains an outrage that
Ramsey Orta???a hero???is the only person to be jailed in the Eric Garner case!
(Letters of support for Ramsey Orta should be addressed to: Ramsey Orta, Ramsey
Orta 16A4200, Collins Correctional Facility, Middle Road P.O. Box
340 Collins N.Y. 14034. Your return address and Orta???s number are critical
since his prison changes. Send no cash. Prison authorities will read all
letters. Email: officialramseyorta@xxxxxxxxx or
deja.richardson.dr@xxxxxxxxx.)
In December 2014, a closed-door grand jury on the Garner case was held in the
conservative stronghold of Staten Island and led by Republican District
Attorney, Dan Donovan. The grand jury decided on Dec. 3 not to proceed to a
trial, provoking large, militant protests in New York City and across the U.S.
Grand jury hearings are almost always prosecuted by white attorneys who decide
on the evidence and witnesses and are not subject to cross examination.
Politicians like Donovan depend on cops as witnesses in other cases. If
prosecutors are seen by racist police unions as anti-cop, it could mean trouble
prosecuting cases. The Garner grand jury, its testimony sealed, was denounced
as a sham, especially given the video evidence.
James Cohen, a law professor at Fordham University, said, ???There is no
question that a grand jury will do precisely what the prosecutor wants,
virtually 100% of the time.??? Whatever the outcome, we must remain alert and
ready to mobilize. Fire and jail Pantaleo! Jail ???em all! Justice for Eric
Garner!
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July 14, 2019 in Black Liberation, New York, Police & FBI.
Related posts
???It stops today!??? ??? Eric Garner, NYPD victim
Bronx NYPD settles with Copwatch
Outrage at racist grand jury decisions
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