No charges for NYPD cops filmed punching, pepper-spraying Occupy protesters

Anthony Bologna (center). (Image from facebook.com)RT News

Two New York City Police officers will not face charges after the Manhattan District Attorney decided that widely circulated videos of them punching and pepper-spraying protesters amounted to insufficient evidence that they had done so.

Anthony Bologna, the now-infamous NYPD inspector, was filmed in September 2011 spraying a group of female Occupy Wall Street protestors who had already been isolated and immobilized by a screen held by other officers. The video, which received well over a million views online and was skewered on late night television, became emblematic of the brutality endured by OWS demonstrators who found themselves on the receiving end of aggressive police tactics.  

In the same statement, quietly issued on the Friday that came at the end of the heavy news week that included the Boston Marathon bombings, the District Attorney’s Office announced no charges would be filed against Deputy Inspector Johnny Cardonna. Cardonna was filmed in October 2011 punching protestor Felix Rivera-Pitra seemingly without provocation.

The District Attorney’s Office has concluded, after a thorough investigation, that we cannot prove these allegations criminally beyond a reasonable doubt,” said Erin M. Duggan, the chief spokeswoman for District Attorney Cy Vance. “We have informed the Police Department, the complainants, and the City of our decision.”

Cardonna was not disciplined by the NYPD for his actions, while Bologna was stripped of 10 vacation days and reassigned to a post on Staten Island. Bologna is also being sued in a civil court by the nonviolent women he pepper-sprayed, where he’ll be represented by city lawyers, according to DNA Info.

It was clear from the evidence that their actions were not justified,” a “source with knowledge of the prosecutor’s decision” told Gothamist. “These two were on-duty members of law enforcement, reacting during a chaotic scene that included much more than the short video clips that most people have seen.

 

Occupy Wall Street members stage a protest march near Wall Street in New York, on October 12, 2011. (AFP Photo / Emmanuel Dunand)

Occupy Wall Street members stage a protest march near Wall Street in New York, on October 12, 2011. (AFP Photo / Emmanuel Dunand)

 

Shortly after the second incident the NYPD claimed that Rivera-Pitra had tried to elbow Cardonna before the police officer lunged at him. Rivera-Pitra, whose earring was torn off in the assault, later came forward to advise Cardonna to get tested for HIV.

While some media outlets have implied that the DA’s refusal to pursue both officers indicates professional favoritism, law experts said the decision could be based on the difficulty of prosecuting cops in American courts. Former Manhattan prosecutor Thomas J. Curran, speaking to The New York Times, admitted that it’s difficult for prosecutors to convict police personnel because using force is “part of their job.”

The use of force would have to be a complete departure from any legitimate police activity,” said Curran, who now practices as a defense lawyer. “You’d have to show an intent to assault, and you have to prove that beyond a reasonable doubt, as opposed to using force as allowed pursuant to police activity. It’s very difficult to do.”

But that refusal to hold police accountable is what still surprised Kaylee Dedrick nearly two years after she was pepper-sprayed by Inspector Bologna. Dedrick’s lawyer told the Times that the DA’s decision was “cowardly and despicable.”

Part of me expected that he wouldn’t be prosecuted, but I’m still pretty shocked, with all the evidence against him,” Dedrick said.

http://rt.com/usa/nypd-no-charges-punching-occupy-233/

5 thoughts on “No charges for NYPD cops filmed punching, pepper-spraying Occupy protesters

  1. What a coward. What a despicable piece of garbage. When they can dictate the size of your soda pop …….. YOU ARE A SLAVE. If they can “vacate” the Constitution ….. ALL the Amendments are at risk …. 13th, 19th, ALL of them

  2. The cops acted upon the orders of enemy alien fifth columnists and sayanim, meaning they served the interests of an enemy alien foreign power. Thinking we know what the penalties are.

  3. …corrupt, corrupt, corrupt, corrupt…..how many more ways do the people of NY and/or this country have to have their corupt government on display..before they do anything about it….impeach this DA… charge him with treason and corruption…find him guilty and hang his ass……along with the cops they are protecting…

    Regards,

    RJ O’Guillory
    Author-
    Webster Groves-The Life of an Insane Family

    1. That`s right RJ. Why do cops get away with this crap? Because they can, that`s why, and why can they?, because we the people alow them to get away with these kind of actions, we do not hold them pigs accountable one bit. If the courts do not want to apply the law as they would with we the people then we the people have got to uphold the law and make sure that sentence is carried out to the fullest extend of the peoples law. Like they rule says ” Do unto others” and we all know how them cops like to do unto others and they like to hide behind the so called law.

  4. “While some media outlets have implied that the DA’s refusal to pursue both officers indicates professional favoritism, law experts said the decision could be based on the difficulty of prosecuting cops in American courts.”

    This sounds just like my case with the lawyers in Round Rock and Ausitin, Texas who are scared of suing the Williamson County police and why the Williamson County police always gets away with it. I tell them, if you know they abuse their authority all the time and it’s wrong, THEN WHY THE HELL DO YOU KEEP ON LETTING THEM GET AWAY WITH IT!!!!!!!?????? YOUR A LAWYER, DUH!!!! DO YOUR JOB!!! ENFORCE THE DAMN RULE OF LAW!!! PUT THESE BASTARDS IN THEIR PLACE FOR ONCE!!!

    But nope, they throw out excuses upon excuses in order to pretend they are there for you and in the end, they still get their extortion money on the side. Like my case. IT F**KING PISSES ME OFF!!!

    “Former Manhattan prosecutor Thomas J. Curran, speaking to The New York Times, admitted that it’s difficult for prosecutors to convict police personnel because using force is “part of their job.””

    WTF!!!!???? Again, your classic excuse from a lawyer trying to downplay it while extorting money from people on the side. Pure proof of what I just said. They don’t want it to go away because otherwise, they wouldn’t make a living or make any money off of it. IT’S ALL A SCAM!! And they are all working together to screw WE THE PEOPLE!!! MAY THEY ALL ROT IN HELL!!!

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