New York City Police Commissioner Quietly Undermines Police Accountability, Critics Say
The New York City Police Department is facing growing scrutiny over the actions of Commissioner Edward Caban, who has been accused of using his authority to silence investigations of police misconduct and protect officers accused of wrongdoing. Caban has repeatedly intervened in disciplinary cases against officers, often blocking them from facing public trials and overturning plea deals, effectively shielding them from accountability.
Key Takeaways:
- Caban’s use of "retention" is unprecedented: In his roughly one year in office, Caban has prevented 54 officer cases from going to trial, far more than any other commissioner in recent history.
- Lack of transparency: The Police Department does not publish the commissioner’s decisions to retain cases, leaving the public in the dark about the reasons for dismissing them.
- Cases involving serious misconduct are not pursued: Caban has interfered in cases involving officers accused of using chokeholds, tasers, and batons against protesters, even when the civilian oversight agency, the Civilian Complaint Review Board (CCRB), concluded that the officers likely committed crimes.
- Caban’s actions undermine Mayor Adams’s pledge for transparency: Mayor Eric Adams, who appointed Caban, has pledged to improve policing through transparency and accountability, yet Caban’s actions seem to contradict this promise.
- The police union supports Caban: The Police Benevolent Association (PBA) has defended Caban’s actions, arguing that the CCRB overreaches and harshly punishes officers.
A Pattern of Intervention
Caban’s interventions have taken various forms, including:
- Retention of Cases: The memorandum of understanding between the NYPD and the CCRB allows the commissioner to retain cases, preventing them from going to trial. Caban has invoked this authority more than any previous commissioner, using it to end cases involving a wide range of alleged misconduct, including excessive force, unlawful arrest, and harassment.
- Blocking Disciplinary Trials: The NYPD under Caban has delayed or refused to formally notify officers of charges against them, halting the disciplinary process. In one instance, the CCRB found that an officer had tased an unarmed man multiple times while he was trying to back away. Although the CCRB recommended a trial, the NYPD has not moved the case forward.
- Overturning Plea Deals: Caban has overturned multiple plea deals where officers admitted to wrongdoing and agreed to disciplinary action. In one instance, he rejected a plea deal in which an officer admitted to using a baton against Black Lives Matter protesters without justification and reduced the agreed-upon punishment.
Critics Point to Lack of Transparency and Public Accountability
These actions have drawn sharp criticism from civil rights advocates, who argue that they undermine the public’s right to know about allegations of police misconduct and hold officers accountable. They also point out that the lack of transparency undermines trust in the police department.
"What the Police Department is doing here is shutting down cases under the cloak of darkness," said Florence L. Finkle, a former head of the CCRB and current vice president of the National Association for Civilian Oversight of Law Enforcement. "Avoiding disciplinary trials means there’s no opportunity for transparency, no opportunity for the public to weigh in, because nobody knows what’s happening."
A Retreat From Police Reform?
Some argue that Caban’s approach to police discipline reflects a shift away from the police reform policies implemented by former Mayor Bill de Blasio. During de Blasio’s tenure, the CCRB was empowered to prosecute cases of police misconduct. While Mayor Adams has stated his commitment to transparency and accountability, his administration has taken steps that seem to contradict this, including cutting funding for the CCRB and appointing Caban to lead the police department.
“In this administration we have a mayor who runs the Police Department,” said Christopher Dunn, legal director of the New York Civil Liberties Union. “He sets the tone, and the tone is ‘we’re cutting police accountability and discipline.’”
Victims Speak Out
The victims of police misconduct have been left feeling unheard and powerless. They are not informed when their cases are dismissed, and they are left with a sense of injustice.
Brianna Villafane, who was pulled to the ground by an officer during a protest, was shocked to learn that the case against the officer had been dismissed. “He’s supposed to be protecting us and he’s hurting us,” Villafane said. “Who am I supposed to call to feel safe now? Not him.”
Destiny Strudwick, who was tackled and tased by an officer during a protest, said she feels like the department has abandoned her. "Sometimes I feel like the human psyche is only made to handle so much,” she said. “And what happened to me, it just was too much.”
A Difficult Path Forward
The tension between police accountability and police protection remains a complex issue. While the police union argues that the CCRB is excessively harsh on officers, civil rights advocates believe that the NYPD is actively working to shield officers from accountability.
It remains to be seen how the city will address these concerns and build a system that effectively balances the need for public safety and the need for police accountability.
