Showing posts with label Patrick Pogan. Show all posts
Showing posts with label Patrick Pogan. Show all posts

Wednesday, July 30, 2008

Videotape Shows Officer Lied

Around 9:30 on Friday night, a bicyclist pedaling down Seventh Avenue veered to the left, trying to avoid hitting a police officer who was in the middle of the street.

But the officer, Patrick Pogan, took a few quick steps toward the biker, Christopher Long, braced himself and drove his upper body into Mr. Long.

Officer Pogan, an all-star football player in high school, hit Mr. Long as if he were a halfback running along the sidelines, and sent him flying.

As of Tuesday evening, a videotape of the encounter had been viewed about 400,000 times on YouTube. “I can’t explain why it happened,” Police Commissioner Raymond W. Kelly said on Tuesday. “I have no understanding as to why that would happen.”

But this episode was not just a powerful crash between one bicyclist and a police officer. It may turn out to be yet another head-on collision between false stories told by some police officers in criminal court cases and documentary evidence that directly contradicts them. And while in many instances the inaccurate stories have been tolerated by police superiors and prosecutors, Officer Pogan’s account is getting high-level scrutiny.

Later that night, Officer Pogan composed a story of his encounter with Mr. Long. It bore no resemblance to the events seen on the videotape. Based on the sworn complaint, Mr. Long was held for 26 hours on charges of attempted assault and disorderly conduct.

Over the weekend, though, the videotape, made by a tourist in Times Square with his family, fell into the hands of people involved with Critical Mass, the monthly bicycle rally that Mr. Long had been riding in.

The availability of cheap digital technology — video cameras, digital cameras, cellphone cameras — has ended a monopoly on the history of public gatherings that was limited to the official narratives, like the sworn documents created by police officers and prosecutors. The digital age has brought in free-range history.

Hundreds of cases against people arrested during the 2004 Republican National Convention collapsed under an avalanche of videotaped evidence that either completely contradicted police accounts, or raised significant questions about their reliability. The videotapes were made by people involved in the protests, bystanders, tourists and police officers.

At the New York Public Library, a small group holding a banner against one of the stone lions was arrested and charged with blocking traffic in the middle of 42nd Street, although video showed they were on the steps, and nowhere near the street.

In another case at the library, a police officer testified that he and three other officers had to carry one protester, Dennis Kyne, by his hands and feet down the library steps. Videotape showed that Mr. Kyne walked down the steps under his own power, and that the officer who testified against him had no role in his arrest. The charges were dismissed; the Manhattan district attorney’s office declined to bring perjury charges against the officer who gave the testimony.

Dozens of complaints were sworn by police officers who said they had witnessed people violating the law on Fulton Street and near Union Square, but later admitted under oath that their only involvement was to process the arrests, and that they had not actually seen the disorderly conduct that was charged.

An assistant to District Attorney Robert M. Morgenthau wrote to the Police Department to stress the importance of officers’ not swearing to things they had not seen for themselves. The prosecutors said the confusion surrounding mass arrests made it hard to bring perjury charges.

The case of Christopher Long and Officer Pogan is shaping up as another example of an official narrative being directly challenged by videotape.

In a criminal court complaint, Officer Pogan wrote that Mr. Long deliberately attacked him with the bike — although the videotape shows Mr. Long veering away from Officer Pogan, who pursues him toward the curb.

The officer said he was knocked to the ground by Mr. Long. Throughout the tape, though, he remains on his feet, even after banging into Mr. Long.

The police officer wrote that Mr. Long had been “weaving” in and out of traffic, “thereby forcing multiple vehicles to stop abruptly or change their direction in order to avoid hitting” Mr. Long. However, in the videotape, it appears that there are no cars on the street.

Mr. Long is due back in court in early September. By then, most of Mr. Long’s bruises are likely to have healed. The prognosis for the truth is not so clear.

Officer Knocks Bicyclist to the Ground

NEW YORK

The New York Police Department has disciplined a Midtown police officer who had arrested a bicyclist he appears to have knocked to the ground, according to a YouTube videotape of the incident released Monday.

The videotape has raised concerns about police Officer Patrick Pogan's sworn account that the bicyclist deliberately drove into him last Friday evening during a Critical Mass bicycle ride in Times Square, a source said.

After the videotape surfaced, the NYPD took away Pogan's badge and gun, temporarily placing him on desk duty. The Manhattan district attorney also announced that it was investigating the incident.

In a criminal complaint, Pogan accused bicyclist Christopher Long of steering into him, the impact flinging Pogan to the ground and causing cuts on his forearms.

However on the video, shot by a bystander, it appears as though Pogan was the aggressor who used both hands to shove the 29-year-old Long off his bicycle as he traveled down Seventh Avenue by 46th Street about 8:30 p.m. July 25.

The videotape shows Long hitting the ground but doesn't show Pogan thrown off his feet.

Police arrested Long, charging him with attempted assault, resisting arrest and disorderly conduct, charges that now are under scrutiny given the videotape, a source said.

"The officer has been placed on modified assignment pending further investigation of the incident," said Paul Browne, the NYPD's spokesman. The Patrolmen's Benevolent Association declined comment.

Long also declined comment, but a Critical Mass supporter said confrontations like these are common between police and bicyclists.

At their monthly bicycle rides, Critical Mass has at times been accused of blocking traffic and causing disruptions to promote "non-polluting transportation."

"I was just horrified. You see the police officer knocking the cyclist off his bicycle," said Judy Ross of Time's Up!, a promoter for Critical Mass.

However a former NYPD official said the videotape may not tell the whole story.

"You can't see what the bicyclist is doing as he approaches the officer, other than he is coming close to the officer," said security consultant Thomas Ruskin, president of the CMP Group.