(NYPD) Ex-Officer Guilty in Shove of Bicyclist

[alp227]

Source: The New York Times

A former police officer was convicted on Thursday of lying about a confrontation with a bicyclist who was participating in a Critical Mass bike rally in Times Square in 2008 — a collision that was videotaped and became a viral presence on the Internet.

The officer, Patrick Pogan, 24, who has since resigned from the Police Department, was found guilty of one count of offering a false instrument for filing; he was acquitted of assault.

The video appeared to show how Mr. Pogan deliberately body-checked the bicyclist, Christopher Long, as he tried to ride past. Mr. Long, 31, was initially charged with attempted assault, disorderly conduct and resisting arrest, but the charges were all dropped.

Mr. Pogan faces up to four years in prison when he is formally sentenced. The jury in State Supreme Court in Manhattan reached a verdict in its third day of deliberations.

Read more: http://www.nytimes.com/2010/04/30/nyregion/30pogan.html

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"Acquitted of assault"? That sucks, but at least Pogan got convicted of lying. He screwed himself up for the rest of his life.

Video of Pogan: http://www.youtube.com/watch?v=AXzRczBk06M

[Downtown Hound]

1. Just goes to show you how difficult it is to convict a cop

Even when there's a damn video of the assault, even when the sheer fact that the officer was convicted of lying about what happened PROVES it was an assault, he still gets acquitted.

Still, at least he didn't get away with it. And I'm still actually surprised and pleased that he was charged at all. Usually the only option citizens have that have been attacked by the police unlawfully is to simply sue. So guess who really gets punished for police brutality? That would be the taxpayer.

[paulsby]

2. actually, no

he was convicted. it doesn't show "how difficult " it is.

and just because he lied about it doesn't PROVE it was an assault.

and i don't why you are surprised he was charged. cops are charged, and yes - convicted , quite frequently in america

the meme on DU is that it (practically) never happens

that's simply false. do i need to provide stats?

[Downtown Hound]

7. Sure, you can provide stats

Not because I doubt you, but because I'm curious.

Actually, I think the sheer fact that he was convicted of lying does prove that it's an assault. The officer said in his report that the cyclist aimed his bike straight at him and attempted to run him down. The video showed that it was the officer that attacked the cyclist even as the cyclist tried to swerve his bicycle out of the officers' way. What is that if not an admission that it was the officer that assaulted the cyclist, not the other way around?

And I'll admit, I'm not as up to date on police convictions in America as you probably are. But what I know is that (while we're on the subject of the NYPD) at the RNC in New York in 2004, there were multiple incidents where video directly contradicted officer's sworn testimony about arrests that occurred. As result, the city had to drop charges against hundreds of individuals and pay out millions of dollars in lawsuits. Not a single officer was ever charged with perjury, even though that's exactly what they committed, and to my knowledge none of them were even disciplined.

I could go on and provide you with other examples of this kind of thing off the top of my head, but I don't want to make this post too long. Maybe officers are convicted more than I realize, and I'm basing my assumptions from a limited framework, but I've noticed that when it comes to protests (which was the case here with Officer Pogan, a critical mass ride)cops seem to get away with a lot more things than non-cops would.

[nyc 4 Biden]

9. That's not the meme...

The meme is:

The number of times we witness the police assaulting citizens on videotape is .000001% of the times that it actually happens w/o it being recorded.

Who says a meme can't be true!

ETA: no > not

[TheEuclideanOne]

10. I believe that you are wrong on the conviction.

He WAS acquitted of the assault. He was found guilty of one count of filing a false instrument.

[paulsby]

11. i know

i was referring to the fgact that he lied on the report about the incident with the bicyclist does not imo prove it was assault, as claimed by the op

hth

[SkyDaddy7]

19. If that video was not proof of assualt...

Please explain to me what would be assault? Does the state require a weapon? Or did the guy have to have permanent injuries? What is assault?

[paulsby]

22. as made clear in the oh so relevant legal masterpiece "legally blonde"

a critical element in law, and in charging officers involved in official tasks (such as crowd control) who cross the line into criminal behavior is

MENS REA

intent, etc

assault statutes of course vary state to state, but it is clear the officer physically contacted the cyclist. whether that contact rose to the level of CRIMINAL assault vs. merely being just excessive force (civilly actionable but not NECESSARILY criminal) has to do with, among other things, intent, etc., and especially where police officers are routinely SUPPOSED to physically contact people against their will (that is what we commonly call an arrest. most people don't desire to be placed in handcuffs, for example), whether his attack (we'll use that word for the sake of argument) on the bicyclist was proven to have constituted a criminal assault is the question

i can't speak to the specifics of the NY law, but here's the difference. *i* wasn't given the jury instructions, i admittedly do NOT know the nuances of NY state law, so i cannot say whether i believe the jury's decision was erroneous.

clearly, they thought the state did not prove ALL the elements of the relevant statute beyond a reasonable doubt

it does not therefore follow that they thought the officer acted appropriately, that his actions will not be civilly actionable, etc

[DLnyc]

27. There's the rub. The question is how much 'the state' (i.e. the DA's office)

really WANTED to convict him. Since the DA's office depends on the police department for their work, they have a profound conflict of interest when prosecuting abuse cases like this one. A special prosecutor-type arrangement would make more sense here, but don't hold your breath on that one -- the traditional power centers and fiefdoms in NYC are way too deeply entrenched to allow any such significant change.

[paulsby]

30. nationwide, 31% of officers charged with a crime are convicted

i've seen prosecutors VIGOROUSLY prosecute cops

i'm not aware of any mal or misfeasance in this case.

sometimes the opposite of what you claim happens.

prosecutors go out of their way to persecute somebody

i work with two cops (that i know of) who got rehired after firing because of malicious firing, and in one case, arguably malicious prosecution (lawsuit still pending)

and then there are cases like this

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8240635

[TheEuclideanOne]

34. 31% is not what I would call "Quite Frequently"

In cases like this, where the cop was caught on video tape, I think that the person had the possibility of bringing charges against the officer. This video tape looked pretty damning in my eyes and still no conviction. It makes me wonder what it would take to really convict a police officer of assault. But like yourself, I don't really know the full details of the case or the assault laws in New York, so I can't pass judgement with any certainty. Also, from what I read in the article, it seemed like the lawyers somehow turned it onto the drug history of the cyclist. So, maybe it was a case of the Police Officer's lawyer being better than the cyclist's lawyer. Nonetheless, simply on the merits of the video tape it sure looks damning.


If this video tape didn't exist, the cyclist would have no realistic way to bring this officer to court on assault charges. Do you agree? That would mean that the 31% is still a portion of the cases where the police officer can even be challenged. So, if you add all of the cases where the police officer never goes in front of a judge because his word would automatically have higher credibility than a non-police officer, I would argue that "31% being categorized as quite frequently" has even less merit.

[paulsby]

36. 31% shows the lie that keeps getting repeated here about how hard it is

as to your other points, let's be realistic

cops have a high level of trust.

so, yes when it comes down to he said/she said, cops WILL get the benefit of doubt

it's up to the finder of fact to gauge credibility (the jury in almost all cases)

nobody said the tape doesn't look damning. nobody said the cop didn't do something wrong. you seem to have difficulty grokking the difference between excessive force and assault. imo, he almost certainly will be found to have committed the former.

and 31% *is* quite frequently. it's about the rate that ichiro hits base hits, and he's a very good hitter :)

seriously, though, if you said that 31 % of the time an officer is charged, he is convicted, i think most people would say

1) that counteracts the meme that it is "nearly impossible" and other such wording to convict a cop. that's simply not true
2) that's a pretty high conviction rate for cops.

[TheEuclideanOne]

37. difference between excessive force and assault

If you agree that the video is damning, then wouldn't you be acknowledging that you think that this is assault as well?

Now you have me thinking..... what is the difference between excessive force and assault? I would say that for a police officer, there is a fine line and you could almost try to argue any assault case as a case of excessive force if the police officer is on duty. From the video tape, the police officer does not appear to have any contact with the biker until he takes that short spring and body checks him.

[paulsby]

39. as mentioned in other posts

there are several differences

when you have a cop acting under the color of authority, a lot of comes to down to state of mind/intent.

iow,if they though he went overboard/lost control vs. intentionally tried to hurt the person without any possible justification etc.

again, i have not studied NY case law, criminal law, etc. that's why , among other reasons, i'm agnostic on whether the jury made the right decision

also remember that excessive force is a civil thang, and has a lower standard of evidence (doesn't need to be proven unanimously beyond a reasonable doubt)

[SkyDaddy7]

31. Thank-you!

I understand what you are saying but I simply can't see how what he did was not a crime or how that video alone did not prove he was simply trying to hit someone anyone! If I am not mistaken the cop tried or started toward another person on a bike but could not get to him in time and then waited on the next guy.

I have for a long time given police tons of respect. However, after working in the Criminal Justice System in Georgia for a few years while in school I saw things that made me sick! Cops literally are above the law in many cases. Changing and lying on police reports that are allowed to pass as mistakes by judges who know the cop did it but do not want a case to sour so it is allowed to pass. Cops sharing testimony during a trial when they are specifically told not to talk about it yet when caught judges fail to make an example out of fear that a case might sour. When they are caught and it takes video because whether it is a defendants word vs a cop or 10 eyewitnesses vs the cop the cop's word is almost always the considered the truth.

And when in those very few cases there is video evidence of a cop's criminal or unethical behavior like this cop they get to "resign" not get "fired"...This allows them to get hired on at another law enforcement agency! Not to long ago a cop down here in Georgia got caught saying over the radio to dispatch "I bagged another n****r & bringing him in"...He was allowed to resign and not even a year later was working as a cop in another county! Not only that but just the fact he said that over the radio meant there was a culture of racism in the entire department that was basically ignored!


Anyway, as you can tell I am bothered by what I see as a nationwide epidemic of cops gone wild...There is no one policing the police! Politicians can't because they will be labeled soft on crime, Police Chiefs & Mayors refuse to discipline their cops as they say it will ruin moral, Judges don't discipline out of fear of losing a convictions the same applies for DA's when both are suppose to seek justice not numbers of convictions for re-election propaganda...The system is clearly broke in my opinion!

Rant over! LOL!

Thanks again for your reply!

[paulsby]

32. rant away

maybe georgia sucks.

at least police-wise.

i have seen no such behavior in any of the 3 states i have worked in, and their respective dept's

of course there ARe places where the cops have a lot of suckitude

new orleans has been a national joke for years, if not decades. any cop in the know, knows they are a joke

ditto with DC (largely got worse through REALLY bad hiring practices due to affirmative action and other political pressures where they simply hired some bad people), although not as bad as NO.

let me put it this way. i WELCOME video, because i know it protects ME from false complaints.

honest cops need not fear video, except to the extent that laypeople misinterpret the law, use of force, etc. when they see video. fortunately, JURIES are actually given instruction IN the law, and offered testimony, etc.

i'd LOVE for every use of force i've ever done to have been on video. none ever resulted in a complaint, but it just offers an extra level of protection

the lack of complaints is significantly attributable not to how i used force , because even when force is reasonable and legal, it often is not pretty, but how i TALK to people. i had a guy who i had to strike several times VERY hard in the face actually THANK me for being restrained (i was) and admit that HE fucked up. he knew that all along, but if i had been arrogant or dismissive towards him it would have been a guaranteed complaint. frankly, i arguably could have shot him and he knew it.

most cops i know, since they are honest, don't fear video. they fear false complaints

the worst thing i would fear from video is being caught doing something embarassing like having my fly down or picking my nose or something.

and internal investigators with a grudge, etc.

a la

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8240635

[Downtown Hound]

13. Oh and, want to know another fun-filled fact about that video regarding the 2004 RNC?

There were two independent media organizations behind the footage that ultimately led to the protester's vindication. They were IWitness Video and The Glass Bead Collective. Guess what happened to both of those organizations prior to the RNC in St. Paul in 2008? They were raided by the police, who proceeded to seize all of their video equipment, effectively preventing them from reporting on the protests.

Yes, the police had "very reliable" intelligence from undercover informants that a bunch of college-aged videographers were in fact terrorists that were holding hostages. Want to know how accurate their intelligence was? When they got the search warrant signed, it was for the wrong fucking house across the street. It took them awhile to resolve that issue while the neighborhood was treated to a standoff in the streets.

Well, they didn't find any hostages, weapons, or illegal activity when they finally did get in. Just cameras, and they went bye bye. Now, as I understand it, both of these groups are suing the police, but in the end, that's all they get to do. Sue. And that's to say nothing of the many other incidents of assault by police at the RNC caught on camera that will never see a criminal trial, just a civil one.

[frylock]

14. still waiting for those stats

take your time.

[Boudica the Lyoness]

15. It took a video tape to convict him

I bet if it was just the word of the victim and dozens of witness's nothing would have happened because his fellow policeman would have backed him up.

Please show us your stats.

[paulsby]

33. 31% of officers charged are convicted nationwide

for example.

not a high # but certianly far from the impossible burden that the know nothings repeating the DU meme claim ad nauseum

http://www.ucimc.org/content/national-police-misconduct-statistics-released

the thing that is annoying is that these stats aren't hard to find. but the lemmings would rather just repeat the meme they see others spouting because its easier than actually CHECKING for validity and./or researching for oneself.


and it makes them feel good and fits the metanarrative that "the man is above the law. pass the granola"


since so many DU'ers say it, it MUST be true, except it isn't

31% is much lower than the average conviction rate (for all people) but pretty high considering the high level of trust people have in cops, the fact that they almost always have very good lawyers (our union has some exceptional ones), etc.

[Bluenorthwest]

16. You snarkishly offered to provide stats

over an hour ago. I note your that as your snark is not backed up with action, that your post is in fact, something of a falsehood.

[Flaneur]

17. Yes, please provide the stats.

Dude, the cop was filmed assaulting the bicylist! I saw it myself.

I follow these things. I see an awful lot of no-bills from grand juries and I see an awful lot of cops walking for what look to be real crimes. I would feel better if you could show me all these cops getting busted and convicted.

[SkyDaddy7]

20. I am very curious to see these stats!!

Please show...I would love to see the conviction rate of cops charged with work related crimes. I know a higher than average rate abuse their wives...Or at least that was the stat here in Georgia. When they were debating whether a cop should be able to continue carrying a gun if convicted of domestic violence. The public can't!

Anyway, I would agree they do get convicted of of things like domestic abuse at the same rates as the public but all bets are off when it comes to on the job crimes. My guess anyway.

I would be shocked to see cops are convicted more than acquitted for on the job crimes...Shocked!

This cop was not convicted for assault which I fail to see how...Please explain that if you know.

Thanks!

[mike_c]

21. I'd like to see those stats....

What percentage of felony charges leveled against cops result in conviction, compared to the percentage against non-cops. Nationwide or just in New York.

I think the DU meme you speak of has merit-- my sense is that cops are more likely to be violent, criminal, etc than most non-cops, but far less likely to be punished for their bad behavior.

[Iowa]

25. I think your instincts are correct. I know a psychologist who evaluates cops...

He is often appalled that the folks he assesses are given guns and badges. He has no faith in law-enforcement due to what he sees, and generally views cops with the same level of distrust and apprehension as he would view a criminal. And this is from a guy who actually gets into their heads and looks around.

I have often thought that there are some similarities between the dismal reputation of the police profession and the fiasco we're witnessing with the Catholic Church. In both institutions the criminals among their ranks tend to be shielded, defended, protected, and excused for their crimes... so much so that the whole damned organization is viewed as corrupted - and deservedly so.

[skyounkin]

23. Stats yet?

still waiting

[DLnyc]

26. Actually, yes

Long experience in New York City shows cops generally walk. They are rarely charged. If they are charged they are rarely convicted. If convicted, they rarely do time.

It has a lot to do with the DA's needing the cooperation of the police department. Also, it has a lot to do with an arrogant, isolated culture within the NYPD that would generally rather 'protect their own' than bother to get rid of the all too common bad apples.

As a small but emblematic example, parking tickets are handed out pretty liberally in NYC for the slightest infraction. I believe current price tags are in the 100 to 200 dollar range. But walk past any NYPD station house and you suddenly see cars double and triple parked in random directions, sometimes in the middle of the street, often on the sidewalk. Those are the cars of the cops working out of that station house who drive in from their suburbs, show utter contempt for the neighborhoods they work in, and then go back at night and brag about their contempt. This kind of double standard is emblematic of an attitude that says "the law doesn't apply to us." And it comes out, tragically, predictably and regularly, in violent, and generally unpunished, abuse.

[LeftyMom]

28. I'd sure like to see those stats.

Please sanitize them after you pull them out of your ass while you're at it. Thanks.

[Canuckistanian]

29. I'd like to see those stats as well

Yes, please, provide them by all means.

[LeftyMom]

35. Any time now, right?

http://www.youtube.com/watch?v=vXGhvoekY44

[Iowa]

38. Where are those stats?

[alp227]

3. I agree. Meanwhile here's a story about a Milwaukee officer convicted of battery/misconduct

In March, former Sargeant Scott Krause of the Milwaukee County (Wisconsin) Sheriff's Office was convicted of battery and misconduct for punching a handcuffed suspect in the face. The suspect was sitting in the patrol car and was kicking the window. The incident was caught on video.

[Soylent Brice]

4. K&R

[quiet.american]

5. There was really no way to spin his actions. The video makes them quite clear.

That was pretty brutal -- and the cherry on top was that the cyclist was then charged with attempted assault - glad to see those were dropped.

I'm not especially cheering the conviction of a cop - but in this case, it really seems some consequential accountability was called for, and delivered.

[Rebubula]

6. Good

What a dick and a liar.

Normally, I will support the police as I have known many and there a several in my family. However, when video or contradictory evidence is in place - screw them.

[brooklynite]

8. but acquitted of assault for the actual incident...

It's not the crime, it's the coverup...

[Tempest]

12. Now comes the civil suit

And this conviction will hurt him.

Pogan's days in court are not done yet.

[harmonicon]

18. I hope so

but can a civil suit be filed against the NYPD as well as the individual? I don't know anything about that kind of law, but seems like he should be able to, considering that this was done while this guy was on duty.

[Tempest]

40. If he can prove the cop wasn't properly trained, NYPD can be sued

There could be other factors which would implicate NYPD as well.

[bc3000]

24. Luckily they got this guy off the street before he killed someone

This is a man who obviously enjoyed hurting people and used his position as a police officer to do that. I can only imagine the type of abuse this guy would have visited upon citizens if he had been able to continue his career.