10-17-19 NYS Senate Hearing
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1 BEFORE THE NEW YORK STATE SENATE STANDING COMMITTEE ON CODES 2 ------------------------------------------------------ 3 PUBLIC HEARING: 4 POLICING (S3695), REPEALS PROVISIONS RELATING TO 5 PERSONNEL RECORDS OF POLICE OFFICERS, FIREFIGHTERS, 6 AND CORRECTIONAL OFFICERS 7 ------------------------------------------------------ 8 Senate Hearing Room 9 250 Broadway, 19th Floor New York, New York 10 Date: October 17, 2019 11 Time: 10:00 a.m. 12 PRESIDING: 13 Senator Jamaal T. Bailey Chair of the Standing Committee on Codes 14 15 SENATE MEMBERS PRESENT: 16 Senator Brian A. Benjamin 17 Senator Leroy Comrie 18 Senator Jim Gaughran 19 Senator Andrew Gounardes 20 Senator Brad Hoylman 21 Senator Robert Jackson 22 Senator Todd Kaminsky 23 Senator Zellnor Myrie 24 Senator Kevin Parker 25 Senator Jessica Ramos 2 1 SENATE MEMBERS PRESENT (continued): 2 Senator Gustavo Rivera 3 Senator Julia Salazar 4 Senator Luis R. Sepulveda 5 6 ASSEMBLYMEMBERS PRESENT: 7 Assemblymember Michael Blake 8 Assemblymember Inez E. Dickens 9 Assemblymember Nathalia Fernandez 10 Assemblymember You-Line Niou 11 Assemblymember Daniel O'Donnell 12 Assemblymember Latrice Walker 13 14 OTHER PARTIES PRESENT: 15 New York City Councilmember Daneek Miller 16 17 18 19 20 21 22 23 24 25 3 1 SPEAKERS: PAGE QUESTIONS 2 Gwen Carr 8 31 3 Mother of Eric Garner 4 Valerie Bell 8 31 Mother of Sean Bell 5 Constance Malcolm 8 31 6 Mother of Delrawn Small 7 Lou Matarazzo 49 60 Representative 8 NY City Detectives, Lieutenants, Captains, and State Assoc. of PBAs 9 Paul DiGiacomo 49 60 10 Vice President Detectives Endowment Association 11 Jumaane D. Williams 114 119 12 Public Advocate of The City of New York 13 Elias Husamudeen 128 135 14 President COBA 15 Gabrielle Seay 179 184 16 Political Director 1199 SEIU, United Healthcare 17 Workers East 18 Alvin Bragg 190 212 Racial Justice Project 19 New York Law School 20 Michael Sisitzky 190 212 Lead Policy Counsel 21 New York Civil Liberties Union (NYCLU) 22 Rachel Bloom 190 212 Director of Public Policy 23 Citizens Union 24 Joo-Hyun Kang 190 212 Director 25 Communities united for Police Reform 4 1 SPEAKERS (Continued): PAGE QUESTIONS 2 David McCraw 235 241 3 Senior Vice President & Deputy General Counsel 4 The New York Times Company 5 Monifa Bandele 249 263 Senior Vice President 6 MomsRising 7 Quadira Coles 249 263 Policy Manager 8 Girls for Gender Equity 9 Darian X 249 263 Youth Member, testifying on behalf 10 of Isaiah Quinones Make the Road New York 11 Milo Inglehart 249 263 12 Legal Fellow Transgender Law Center 13 Jacqueline Renee Caruana 272 298 14 Senior Staff Attorney Brooklyn Defender Services 15 Christopher Boyle 272 298 16 New York County Defender Services 17 Karen Thompson 272 298 Board Member 18 New York State Association of Criminal Defense Lawyers 19 Molly Griffard 272 298 20 Legal Fellow Cynthia Conti-Cook 21 Staff Attorney New York City Legal Aid Society 22 Oded Oren 272 298 23 Bronx Defenders 24 Franklin Stone 308 Board Chair 25 NYS Committee on Open Government 5 1 SENATOR BAILEY: Good morning, everyone. 2 OFF-CAMERA SPEAKER: Good morning. 3 SENATOR BAILEY: I am state 4 Senator Jamaal Bailey. 5 I represent the 36th Senatorial District in 6 The Bronx, in Mount Vernon, and I am the chairperson 7 of the Senate Standing Committee on Codes. 8 And today's hearing is concerning Bill S3695, 9 relating to Section 50-a of the Civil Rights Law. 10 I am joined by Senator Andrew Gounardes, 11 Senator Todd Kaminsky, and Senator Robert Jackson; 12 The members of the Codes Committee that 13 I chair: 14 Ranking Members: Andrew Lanza, Senators 15 Gounardes and Kaminski, are members of the Codes 16 Committee. 17 Other senators on the committee are 18 Senators Akshar, Benjamin, Biaggi, Boyle, Gallivan, 19 Kavanagh, Myrie, O'Mara, and Savino. 20 And many of our colleagues will be in and out 21 today. 22 I want to thank you all for coming to this 23 very important hearing, the beginning of a 24 conversation, what I believe to be an important 25 piece of legislation. 6 1 And I'm going to deviate from my remarks to 2 some degree that I had prepared, and I want to talk 3 about why these hearings are important. 4 When we pass bills in Albany, us here on this 5 dais, we take that role very seriously. 6 We want to be as informed as possible 7 concerning any legislation -- any legislative 8 actions that we take, and we want to hear from all 9 individuals. 10 And, unfortunately, prior to -- just prior to 11 the hearing, I was advised that the CCRB, nor the 12 NYPD, will be testifying today. 13 And -- and I am disappointed by that, as 14 I pride myself in being somebody who is always 15 willing to have a conversation and have a dialogue, 16 even if our views may not 100 percent align. 17 I am hopeful, and I will remind folks, as we 18 are being streamed live, that today is the first of 19 two hearings, so, you have another shot, another 20 bite at the apple, so to speak. 21 So the 24th, I implore you, I ask you, to 22 please join us in Albany. 23 I would like to thank -- there are other 24 members of law enforcement and PBAs here as well, so 25 I would like to thank you for your attendance, and 7 1 we will hear from you shortly. 2 I appreciate you coming out and making your 3 voices heard. 4 Again, it's critically important that we 5 continue to hear from all sides; all voices matter. 6 We have just been joined by 7 Senator Kevin Parker from Brooklyn. 8 So we are going to begin our testimony with a 9 panel of impact individuals. 10 Gwen Carr, Valerie Bell, and 11 Constance Malcolm are mothers who have sustained 12 losses, and they are going to come testify. 13 I just want to remind everybody of the -- 14 some of the ground rules concerning testimony, 15 though. 16 We want to limit our testimony, we don't want 17 to limit your ideas, but we want to limit the time, 18 because we don't want to be here all day. 19 There will be a 5-minute time limit for each 20 person testifying, followed by a maximum of 21 10 minutes for each of Q&A for each person who has 22 testified. That will be myself and my colleagues in 23 government, we will be asking questions and engaging 24 in dialogue with you. 25 Again, this hearing is being live-fed. 8 1 And the transcript of the hearing, with 2 copies of all testimony, both oral and submitted, 3 will be available in the New York State Senate's 4 website. 5 And your testimony, especially if you have 6 submitted written testimony, I implore you to not 7 read directly from the paper, in order to maximize 8 the time that you've been allotted and given. 9 So with that being said, I want to thank, 10 once again, my colleagues who have joined me today. 11 And I would like to ask Ms. Carr, Ms. Bell, 12 and Ms. Malcolm to come forward and testify. 13 And please use the microphone, as the media 14 services folks have indicated, because we are being 15 live. So we want your -- your -- your comments to 16 be captured accordingly. 17 Just for -- for time-keeping sake, there are 18 a couple of clocks in the area. 19 So, again, when you're testifying, be mindful 20 of the time ticking. 21 We will gently remind you of the time 22 elapsing, but just be mindful of the time as it is 23 elapsing. 24 I'm not certain which one of you ladies would 25 like to begin, but the floor is open. 9 1 VALERIE M. BELL: Good morning, everyone. 2 SENATOR BAILEY: Good morning. 3 VALERIE M. BELL: Thank you for having us. 4 My name is Valerie Bell, and I'm the mother 5 of Sean Bell who was killed on November 25, 2006; 6 50 shots. This year will make 13 years. 7 I'm here to say very clearly to our New York 8 State senators that 50-a must be repealed. 9 This police secrecy law is used time and time 10 again to shield abusive officers, and when there is 11 no transparency or accountability. 12 Just, for example, if that was one of us, 13 everything would be put out in paper of what we have 14 done if we had killed someone. 15 13 years ago, like I said, my son was killed 16 by five officers, NYPD Club Enforcement -- Club 17 Enforcement Initiative in Jamaica, Queens. 18 They boxed my son's car in, shot 50 times. 19 They said they thought there was a gun, but, 20 of course, there was no gun. 21 It's been over a decade, but I remember all 22 too well the trauma that me and my family's been 23 going through, still going through, of course, our 24 people of color still being killed by NYPD and all 25 over different states. 10 1 We couldn't get any information from the NYPD 2 or the Queens District Attorney's Office. 3 I knew my son had been at his bachelor's 4 party, and was leaving a club in a car with his 5 friends.