NYPD officials say they will turn over evidence in police misconduct cases to an oversight agency within 90 days — a stark shift in policy that, if followed, will make it easier to punish officers who break the rules.
But the executive director of the oversight agency, the Civilian Complaint Review Board, conceded that there are no penalties in place if police fail to meet that deadline.
When police fail to turn over evidence promptly, an investigation can take so long that by the time a decision is finally reached, the statute of limitations is passed and the administrative judge deciding the case cannot impose punishment on the officer.
That’s what happened recently in the investigation into the death of Kawaski Trawick, a Bronx man who police oversight officials said was having a mental health crisis when police entered his supportive housing unit and, within two minutes, tased and shot him to death. Prosecutors for the police watchdog group missed the statute of limitations deadline by nearly five months, mostly because of long delays in the NYPD turning over evidence, an oversight official said Wednesday.
CCRB leaders said the agreement is a major step toward holding police accountable.
“We … hope it will ensure officers who commit misconduct cannot avoid discipline due to a technicality,” said Arva Rice, interim chair of the Civilian Complaint Review Board, at a monthly meeting on Wednesday.
The memorandum, which was signed Dec. 5 and shared exclusively with Gothamist, requires that the NYPD hand over “all evidence” in police misconduct cases requested by the oversight agency, including police body worn camera footage, metadata of body worn camera footage, audio and video recordings, medical records, officer training records, transcripts of statements or interviews and any NYPD paperwork.
There are roughly 15 cases where requested evidence is currently on hold by the NYPD, according to CCRB executive director Jonathan Darche. Darche said the police…
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