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TRIAL UPDATE: June 3, 2004
Legal Challenge To NYPD Protest Policies Continues In Federal Court
June 3, 2004 -- The New York Civil Liberties Union trial challenging police practices against protesters is underway in federal district court in Manhattan before U.S. District Court Judge Robert W. Sweet. The injunction would stop the city's heavy-handed police practices at demonstrations. The NYCLU is especially concerned about their impact on the right to protest when the Republican National Convention convenes in New York City at the end of August.
On Thursday, June 3, United for Peace and Justice Coordinator Leslie Cagan, NYCLU plaintiff Ann Stauber, Rev. Earl Koopercamp of St. Mary's Episcopal Church in West Harlem, NYPD's Deputy Inspector Joseph Moscatt and Captain David Meyer testified. On Friday, June 4, Chief Joseph Esposito is scheduled to take the stand. Testimony from the Commanding Officer of the Mounted Unit Chris Acerbo and Manhattan South Chief Bruce Smolka will be introduced though their depositions.
In response to a question by Christopher Dunn, Associate Legal Director of NYCLU, Stauber stated, "I believe our country is in danger. Our country, our liberties, our Bill of Rights. And I'm fighting for that." Stauber, a 60-year old diabetic in a wheelchair, described in detail her experience of being herded into a street holding pen. She was forbidden to leave by the NYPD even after she told them she had an urgent need to find a bathroom and then return home to check her blood sugar. When she attempted to leave, an officer forcibly stopped her and in the process broke the controls on her wheelchair.
The Chair of the Civilian Complaint Review Board testified yesterday. Following an investigation that included reports from two eyewitnesses, the CCRB previously substantiated Ms. Stauber's complaint against the officer involved.
Copies of the complaints and other legal filings can be accessed via the right-hand column of this website.
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