Bizarre, Criminal law, Society

New York Officer Allegedly Attacks Jeering Crowd . . . Hit New York Judge

New York police in Queens are investigating an allegation that a police officer struck a New York Supreme Court justice in the throat. State Supreme Court justice Thomas D. Raffaele, 69, says that he was moving some furniture from his parents’ home when he stopped to see why a crowd had formed on the street. The crowd was jeering an officer who was arresting a man and was being criticized for being too rough. Raffaele says the officer became irate and charged the hecklers — hitting people with his baton including the judge.


The judge picked out the officer’s picture in the later investigation.

The question is whether this should be treated not just as a matter for the civilian review board but a criminal matter. Any citizen who beats people on the street would be arrested for assault and battery. Heckling an officer is not a crime. Unless the officer can show that someone threw something at him or physically threatened him, it is hard to see the possible defense to such a charge.

No reports of arrests or charges have been reported. Notably, this includes the man on the ground who was being arrested. The man, Charles Memminger, 47, is a homeless man and showed extensive bruising on this back where the officer was seen kneeing him (and causing the criticism of the crowd).

Source: NY Times

33 thoughts on “New York Officer Allegedly Attacks Jeering Crowd . . . Hit New York Judge”

  1. Why does it matter that the attacked bystander was a judge? Would this be less of a case if the bystander was a plumber? The fact that the answer would appear to be: “Yes it matters more because of the profession of the bystander” is.
    We live in a country where there are two classes of citizens: the privileged and the commoners. The only reason that there is ANY attention being paid to this is because the cop accidentally included one of the privileged in his assault on an entire crowd. Notice there is no mention or mind being paid towards any of the other bystanders that were assaulted.

  2. Dredd, I do believe your reflexive dislike for me is showing. Oh well. While I wrote a bit less elegantly than, say, bettykath, she nailed the point I was trying to make. The point is that this judge seems to be isolating this to a case of one officer, while you seem to believe that he has “seen the light” regarding police misconduct. His initial concern was for the officer, not the homeless man being abused. His reaction seems to show a continued belief that police abuse is uncommon, rather than the systemic disregard for civil liberties that is pandemic to police cultures. I don’t think I said you lied, I simply said you were mistaken in a relativley minor opinion. Touchy much? Maybe go hit a sauna or something, take some of the butt hurt out.

  4. When citizens resort to rifles to protect themselves or get revenge, the judge will be sorry he did not prosecute. Go file a civil suit you dumb schmuck.

  5. Dredd,

    “The apologist for CLH today. Good job.”

    Right. Maybe I’ll do the same for you someday when you’re called an inappropriate name.

  6. The judge was trained in hand to hand combat, which is in his estimation what saved his life:

    “As people kept criticizing, the officer got angrier and angrier and started to curse at people in the crowd and jumped up and ran toward the crowd and started hitting people,” Raffaele said. “I was the first person he hit. It was a full-force, open-hand blow to the front of my throat. If I hadn’t moved my head back when I was being hit, I think I would have been killed on the spot. That’s how hard I was hit, and I am saying that from the perspective of someone who was trained in the Army on hand-to-hand combat.”

    (ABA Journal). He will remember and he will testify.

  7. shano 1, June 8, 2012 at 11:47 am

    “Asked whether he intended to sue, Justice Raffaele said, ‘At this point, no, I don’t.’

    …
    So, the judge who was attacked is not going to press charges?
    ================================
    Suing the policeman is not a function in a criminal case, it is a matter for the civil courts.

    The prosecution of the cop is not dependent on the judge filing charges.

    It is dependent on the prosecutor filing charges.

  8. bettykath 1, June 8, 2012 at 9:44 am

    Dredd,

    CLH didn’t say you lied. He just came to a different conclusion is based on:
    ….
    ==================================
    The apologist for CLH today. Good job.

  10. Woosty,

    Are you pulling our legs?
    FBI
    Freebooters Inc. Freedom Busters Instantly
    Hand in glove with orgnized crime and suppressor of all
    investigations of government schemes, including 9/11

    Blah Blah Blah. Close your ears.

  12. HEAD FOR SHERWOOD FOREST. DON’T FORGET YOUR ROBIN HOOD CAP. AND HIYO SILVER, FOR THOSE OLD ENOUGH TO REMEMBER.

    TRY STARTING A COUNTER MOVEMENT IN THESE DAYS IS ??????

    wHAT DID THE MEXICAN AMERICAN TELL US.
    IN MEXICO THE POLICE ROB YOU. ÍN AMERICA THEY ROB AND GIVE YOU A RECEIPT.

    NOW THEY BEAT YOU AFTERWARDS AND PLANT DOPE ON YOU.

  13. When the police department becomes a criminal enterprise, and the government protects them, what recourse does anyone have?

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