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United States News
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Title: NYPD Cop Danny Pantaleo Fired over Eric Garner's Death; Loses Retirement Pension
Source: News Maven
URL Source: https://newsmaven.io/pinacnews/cops ... ension-HTooxJj4E06rbRstK6NEjQ/
Published: Aug 19, 2019
Author: Carlos Miller
Post Date: 2019-08-20 07:14:51 by Deckard
Keywords: None
Views: 109
Comments: 2

NYPD cop in "I can't breathe" choking incident that went viral on video has been fired.

It took more than five years but the New York City police officer who placed a chokehold on Eric Garner over selling untaxed cigarettes was fired today.

That means NYPD detective Danny Pantaleo will not be receiving his pension, a serious blow to his Blue Privilege which allowed him to escape criminal charges over the choking death of the 43-year-old man on July 17, 2014.

In fact, it was only this month that Pantaleo was suspended without pay after an administrative judge recommended he be fired. Prior to that, he had been collecting $98,000-a-year working "desk duty," allowing him to milk the taxpayers without the authority to harass them.

The 13-year veteran was known for violating people's civil rights, according to several lawsuits that had been filed against him before Garner's death.

NYPD Commissioner James O'Neall announced the news Monday in a press conference,stating the obvious.

“I stand before you today confident that I have reached the correct decision,” O’Neill said, according to Time. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.”

NYPD union chief Patrick Lynch responded in a predictable rant, vowing that the decision is going to lead to the downfall of New York City.

"(O'Neall) has chosen to cringe in fear of the anti-police extremists, rather than standing up for New Yorkers who want a functioning police department, with cops who are empowered to protect them and their families," Lynch said in a statement that was tweeted out by the Police Benevolent Association.

In typical Blue Mafia fashion, Lynch derided the decision as a violation of Pantaleo's "due process rights," never mind the fact that he had no respect for anybody else's due process rights.

Lynch's full statement is below:

“Police Commissioner O’Neill has made his choice: he has chosen politics and his own self-interest over the police officers he claims to lead. He has chosen to cringe in fear of the anti-police extremists, rather than standing up for New Yorkers who want a functioning police department, with cops who are empowered to protect them and their families. With this decision, Commissioner O’Neill has opened the door for politicians to dictate the outcome of every single NYPD disciplinary proceeding, without any regard for the facts of the case or police officers’ due process rights.

He will wake up tomorrow to discover that the cop-haters are still not satisfied, but it will be too late. The damage is already done. The NYPD will remain rudderless and frozen, and Commissioner O’Neill will never be able to bring it back. Now it is time for every police officer in this city to make their own choice.

We are urging all New York City police officers to proceed with the utmost caution in this new reality, in which they may be deemed ‘reckless’ just for doing their job. We will uphold our oath, but we cannot and will not do so by needlessly jeopardizing our careers or personal safety.”

Although Pantaleo was found to not have violated the law by a grand jury in December 2014, NYPD Deputy Commissioner of Trials Rosemarie Maldonado determined earlier this month that the 33-year-old cop was guilty of misconduct for placing Garner in a chokehold that had been banned by the department.

The judge, however, acquitted the cop on allegations of intentionally strangling Garner, according to the New York Post.

The man who recorded the video that went viral, Ramsey Orta, ended up imprisoned after the NYPD launched a retaliation campaign against him.

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#1. To: Deckard (#0)

In fact, it was only this month that Pantaleo was suspended without pay after an administrative judge recommended he be fired.

Not a judge like in a court of law. NYPD Deputy Commissioner of Trials Rosemarie Maldonado is an NYPD officer appointed by the NYPD Commissioner. The proceeding was an NYPD disciplinary hearing having nothing to do with the judicial branch of government.

There is an Office of Administrative Trials and Hearings (OATH) with Administrative Law Judges. They operate out of Church Street. The NYPD Deputy Commissioner of Trials operates out of 1 Police Plaza.

Black's Law Dictionary, Sixth Edition

Administrative law judge. One who presides at an administrative hearing, with power to administer oaths, take testimony, rule on questions of evidence, regulate course of proceedings, and make agency determinations of fact. Formerly called "hearing officer" or "hearing examiner". Adm. Procedure Act, 5 U.S.C.A. § 556.

There is a problem with language pollution. Hearing Officer better describes the function than Administrative Law Judge (ALJ) or Deputy Commissioner of Trials, but the latter two titles sound way more important.

https://en.wikipedia.org/wiki/Administrative_law_judge

State ALJs

Most U.S. states have a statute modeled after the APA or somewhat similar to it. In some states, such as New Jersey, the state law is also known as the Administrative Procedure Act.

Unlike federal ALJs, whose powers are guaranteed by federal statute, state ALJs have widely varying power and prestige. In some state law contexts, ALJs have almost no power; their decisions are accorded practically no deference and become, in effect, recommendations. In some cities, ALJs are at-will employees of the agency, making their decisional independence potentially questionable.[8] In some agencies, ALJs dress like lawyers in business suits, share offices, and hold hearings in ordinary conference rooms. In other agencies (particularly the Division of Workers' Compensation of the California Department of Industrial Relations), ALJs wear robes like Article III judges, are referred to as "Honorable" and "Your Honor", work in private chambers, hold hearings in special "hearing rooms" that look like small courtrooms, and have court clerks who swear in witnesses.

The NYPD Deputy Commissioner of Trials only has the authority to make recommendations to the NYPD Commissioner who can accept or reject her recommendations.

https://en.wikipedia.org/wiki/Organization_of_the_New_York_City_Police_Department#Office_of_the_Police_Commissioner

The Deputy Commissioner of Trials carries three star rank in the NYPD. The Mayor appoints the Commissioner, and the Commissioner appoints his Deputies.

The rules of evidence are slightly different at such administrative hearings:

(e) Hearing evidence.

(1) Compliance with the technical rules of evidence shall not be required. Hearsay shall be admissible and may form the sole basis for making findings of fact, when consistent with existing law.

Not to be confused with a judicial proceeding in a court of law.

- - - - - - - - - - - - - - - - - - - -

Although Pantaleo was found to not have violated the law by a grand jury in December 2014, NYPD Deputy Commissioner of Trials Rosemarie Maldonado determined earlier this month that the 33-year-old cop was guilty of misconduct for placing Garner in a chokehold that had been banned by the department.

The judge, however, acquitted the cop on allegations of intentionally strangling Garner, according to the New York Post.

Grand juries do not find that one did not violate the law. They may find insufficient proof to bind one over for trial for having violated the law. It is not a trial and does not pronounce guilt or innocence.

NYPD appointed official Rosemarie Maldonado issues findings and recommendations which the NYPD Commissioner may adopt or reject.

https://nypost.com/2019/08/19/nypd-fires-officer-daniel-pantaleo-in-chokehold-death-of-eric-garner/

As the New York Post actually reported it, before being plagiarized by an incompetent second-hand source:

NYPD Deputy Commissioner of Trials Rosemarie Maldonado found Pantaleo, 33, guilty of misconduct for recklessly applying a chokehold banned by the department but acquitted the cop on allegations of intentionally strangling Garner, 43.

Despite the high falutin title, the Deputy Commissioner of Trials is a hearing officer and the procedure is an NYPD disciplinary hearing.

Rules of the City of New York

Chapter 15: Adjudications

Subchapter A: Disciplinary Proceedings Against Civilian and Uniform Members Before the Deputy Commissioner of Trials

§ 15-01 Definitions.

[...]

Deputy Commissioner of Trials. "Deputy Commissioner of Trials" means the Deputy Commissioner or Assistant Deputy Commissioners in charge of New York City Police Department disciplinary hearings.

[...]

(c) Hearing Officers. The Deputy Commissioner of Trials and Assistant Deputy Commissioners shall be assigned solely to adjudicative and related duties.

§ 15-06 Report to Police Commissioner.

(a) (1) After the Hearing is concluded the Deputy Commissioner of Trials will review the testimony and evidence adduced and prepare a Draft Report and Recommendation.

(2) The Draft Report and Recommendation shall consist of a summary and analysis of the testimony, recommended findings of fact and conclusions of law, and recommendations for the disposition of the Charges and Specifications.

[...]

§ 15-08 Final Review.

(a) After reviewing the record of the proceeding and the Report and Recommendation of the Trial Commissioner, the Police Commissioner will make a final determination. The Police Commissioner may approve the recommendation or modify the findings or the penalty consistent with the record.

nolu chan  posted on  2019-08-21   16:59:24 ET  Reply   Trace   Private Reply  


#2. To: nolu chan, vigilalante judges, street justice (#1)

NYC needs vigilante "judges" to reign in the scofflaw gov & hoodlum NYPD.

It's the sort of gov that the NYC voters demand. .



Ron Paul - Lake Jackson Texas Values

Hondo68  posted on  2019-08-21   17:29:25 ET  Reply   Trace   Private Reply  


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