Daniel Medina at The Intercept on how the NYPD disappeared BLM protesters.
—Erika
In early June, hundreds of Black Lives Matter protesters languished for days in cramped New York City jail cells. Stuck in holding pens without masks and exposed to soiled conditions amid the coronavirus pandemic, they were unable to reach loved ones or lawyers. The protesters were effectively disappeared into New York City’s detention system.
Attorneys from the Legal Aid Society went to court to demand the protesters’ immediate release. In a lawsuit filed against the New York Police Department, attorneys from Legal Aid, a public defense organization, alleged that over 400 individuals in city detention facilities had been held for more than 24 hours without seeing a judge, in breach of state law and detainees’ constitutional rights.
The public defenders accused the police department of deliberately slow-rolling standard procedures to keep protesters in jail as payback for demonstrations against police brutality. Lawyers for the police asserted that the NYPD faced unprecedented challenges with both a pandemic and widespread protests raging.
In a one-line decision, Judge James M. Burke of the State Supreme Court in Manhattan sided with the police. “All writs are denied,” he ruled. In doing so, Burke accepted the NYPD’s rationale that the conditions on the ground should overrule preexisting state law: The 1991 Roundtree v. Brown decision established the 24-hour standard from arrest to arraignment.
Burke’s decision set off a firestorm. Protesters flocked to Manhattan’s Foley Square, near the state and federal courthouses, demanding the release of the protesters.
“The law doesn’t have a looter exception, it doesn’t have a Covid-19 exception,” said Russell Novack, one of the Legal Aid staff attorneys who brought the suit. “This was deliberate, intentional punishment for protesting.”
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