Ex-Officer Guilty in Shove of Bicyclist

[palincss]

NY Times April 29, 2010
Ex-Officer Guilty in Shove of Bicyclist
By JOHN ELIGON

A former police officer was convicted on Thursday of lying about a confrontation with a bicyclist who was participating in a Critical Mass bike rally in Times Square in 2008 — a collision that was videotaped and became a viral presence on the Internet.

The officer, Patrick Pogan, 24, who has since resigned from the Police Department, was found guilty of one count of offering a false instrument for filing; he was acquitted of assault.

The video appeared to show how Mr. Pogan deliberately body-checked the bicyclist, Christopher Long, as he tried to ride past. Mr. Long, 31, was initially charged with attempted assault, disorderly conduct and resisting arrest, but the charges were all dropped.

Mr. Pogan faces up to four years in prison when he is formally sentenced. The jury in State Supreme Court in Manhattan reached a verdict in its third day of deliberations.

At his trial, Mr. Pogan testified that Mr. Long initiated the confrontation because he did not comply with an order to stop, and then appeared to prepare to “use the force of the bicycle” against him.

Mr. Long also took the stand, and the bulk of the cross-examination focused on his background, which he admitted included frequent marijuana use (though he said he stopped smoking for the duration of the trial) and causing the death of a man in a traffic accident. There were no charges filed in the traffic accident.

[rcnute]

Guilty of lying about it, anyway.

[Louis]

I watched the video for the first time today.

Not only is that cop vicious for laying on that sort of shot on the passing cyclist, but he’s a moron for thinking that he could do something like that in front of so many people, then hope to get away with it by lying. It’s a good thing there were too many people there so the cop couldn’t claim that the cyclist was “going for a gun” like Amadou Diallo.

[r_mutt]

the sad thing about it is that without the video, the cyclist would have likely ended up in jail, and his life would have been ruined forever. do the public a favor, and throw the book at the ex-cop.

[palincss]

4 years in prison is a pretty serious penalty, I think - and he fully earned it.

[dumbod]

I find myself in a funny position because I'm not generally a fan of the NYPD however, in this case, I'd give the cop a break. Make no mistake, he was absolutely wrong in what he did and NYPD was right to fire him but he was literally 10 days out of the police academy when the incident occurred.

He deserves to be fired; he doesn't deserve to go to jail for 4 years.

[BumbleBeeDave]

I find myself in a funny position because I'm not generally a fan of the NYPD however, in this case, I'd give the cop a break. Make no mistake, he was absolutely wrong in what he did and NYPD was right to fire him but he was literally 10 days out of the police academy when the incident occurred.

He deserves to be fired; he doesn't deserve to go to jail for 4 years.

. . . but he also comes from a family of police officers. To me this largely takes away any excuse he had that this was done out of inexperience or ignorance. Where do you think he learned this type of behavior? IMHO, he did what he did because he felt he could do it with impunity because that's been the ethos in the past. His dad got away with it and so it's OK to do. Of course, his dad didn't have to contend with cell phone video cameras.

That's the real reason for the four year sentence. It may have technically been for lying on the report, but it's also to send a message that this kind of attitude from some law enforcement officers toward the people they are supposed to be serving is wrong and must stop.

BBD

[victoryfactory]

Don't blame the cop, blame his supervisors for sending a rookie
into a bad situation with the wrong tactics.

No jail time I hope, losing his job (for lying) is bad enough.

Maybe both groups, Critical Mass and NYPD ,will learn
from this debacle . (I'm no big fan of either group, btw)

VF

[rugbysecondrow]

. . . but he also comes from a family of police officers. To me this largely takes away any excuse he had that this was done out of inexperience or ignorance. Where do you think he learned this type of behavior? IMHO, he did what he did because he felt he could do it with impunity because that's been the ethos in the past. His dad got away with it and so it's OK to do. Of course, his dad didn't have to contend with cell phone video cameras.
That's the real reason for the four year sentence. It may have technically been for lying on the report, but it's also to send a message that this kind of attitude from some law enforcement officers toward the people they are supposed to be serving is wrong and must stop.

BBD

So, you know his dad, his family? Unless you know something we don't, it seems like an irresponsible leap to start disparaging a family of law enforcement officers. 22 year olds are stupid, make bad mistakes and hopefully learn from them, but if we disparaged the families of every 22 year old who made mistakes, then there would be no "clean" family out there.

I hope the message gets sent though that police officers have a position of authority that is so important in society that compromising it by falsifying reports and interfering with anothers liberty will result in punishments. I think the NYPD needs to look at where they are sending their newest officers and if their are trained to deal with these sorts of protests. Critical Mass is a protest, and it seems the police should treat them as such.

I watched the video for the first time today.

Not only is that cop vicious for laying on that sort of shot on the passing cyclist, but he’s a moron for thinking that he could do something like that in front of so many people, then hope to get away with it by lying. It’s a good thing there were too many people there so the cop couldn’t claim that the cyclist was “going for a gun” like Amadou Diallo.

To bring up Diallo is out of context here and purposfully inflammatory. There is a difference between a police officer abusing his power by bowling over a bicyclist, then falsifying reports of the events and officers in pursuit of a rapist having a real time interaction with a suspect they beleive to be armed and dangerous. The first is purposeful abuse, the second was a horrible mistake made by real people in real time.



In the early morning of February 4, 1999, Diallo was standing near his building after returning from a meal. Police officers Edward McMellon, Sean Carroll, Kenneth Boss and Richard Murphy passed by in a Ford Taurus when they thought Diallo matched the description of a (since-captured) serial rapist and approached him. The officers were in plain clothes. The officers claimed that they loudly identified themselves as NYPD officers and that Diallo ran up the outside steps toward his apartment house doorway at their approach, ignoring their orders to stop and "show his hands".

As the suspect reached into his jacket, Carroll believed Diallo was drawing a firearm and yelled "Gun!" to alert his colleagues. The officers opened fire on Diallo and during the burst McMellon fell down the steps, appearing to be shot. The four officers fired forty-one shots, hitting Diallo nineteen times. Investigation found no weapons on Diallo's body; the item he had pulled out of his jacket was not a gun, but a wallet.

On March 25, a Bronx grand jury indicted the officers on charges of second-degree murder and reckless endangerment. On December 16 a New York appellate court ordered a change of venue to Albany, New York, stating that pretrial publicity had made a fair trial in New York City impossible. On February 25, 2000, after two days of deliberations, a mixed-race jury in Albany acquitted the officers of all charges.

[rugbysecondrow]

Don't blame the cop, blame his supervisors for sending a rookie
into a bad situation with the wrong tactics.



Maybe both groups, Critical Mass and NYPD ,will learn
from this debacle . (I'm no big fan of either group, btw)

VF

100% agree

[palincss]

I find myself in a funny position because I'm not generally a fan of the NYPD however, in this case, I'd give the cop a break. Make no mistake, he was absolutely wrong in what he did and NYPD was right to fire him but he was literally 10 days out of the police academy when the incident occurred.

He deserves to be fired; he doesn't deserve to go to jail for 4 years.

What, they don't teach students about falsifying police reports in the Academy? That's a pretty egregious abuse of police power, IMHO.

[r_mutt]

What, they don't teach students about falsifying police reports in the Academy? That's a pretty egregious abuse of police power, IMHO.


this is probably what is going to get him a longer sentence than usual- and i'm all for it. resisting arrest and assault on a police officer would have gotten the cyclist considerable jail time. how is putting an innocent man in jail forgivable? not to mention that he's likely committing perjury in court as well.

[fiamme red]

So, you know his dad, his family? Unless you know something we don't, it seems like an unresponsible leap to start disparaging a family of law enforcement officers. 22 year olds are stupid, make bad mistakes and hopefully learn from them, but if we disparaged the families of every 22 year old who made mistakes, then there would be no "clean" family out there.

I hope the message gets sent though that police officers have a position of authority that is so important in society that compromising it by falsifying reports and interfering with anothers liberty will result in punishments. I think the NYPD needs to look at where they are sending their newest officers and if their are trained to deal with these sorts of protests. Critical Mass is a protest, and it seems the police should treat them as such.No, it isn't a protest. And Pogan wasn't ordered to do anything there, just to observe.

http://gothamist.com/2010/04/23/police_sergeant_says_bike_bodyslam.php

Patrick Pogan, the former cop who was caught on tape slamming a cyclist off his bike during a 2008 Critical Mass ride, had been on the job only 11 days before the infamous incident. For that reason, he was part of a group of rookies instructed to simply observe the more experienced officers in Times Square on that fateful night, according to testimony from his superior, Sergeant Eric Perez. "I told them to let the detail enforce the laws," Perez said on the witness stand yesterday. "We wanted them there as backup, not to actually engage and stop."

[fiamme red]

Don't blame the cop, blame his supervisors for sending a rookie into a bad situation with the wrong tactics.You make it sound as if he was sent to quell riots or something. Critical Mass is a peaceful demonstration.

[Lifelover]

So, you know his dad, his family? Unless you know something we don't, it seems like an unresponsible leap to start disparaging a family of law enforcement officers. 22 year olds are stupid, make bad mistakes and hopefully learn from them, but if we disparaged the families of every 22 year old who made mistakes, then there would be no "clean" family out there.




You got to give BBD a break. He comes from a family that never showed their children any love. It is his up bringing that causes him to be to unforgiving of other people.

[rugbysecondrow]

No, it isn't a protest. [/B][/I]

You make it sound as if he was sent to quell riots or something. Critical Mass is a peaceful demonstration.

So, it is not a protest, just a demonstration? :rolleyes:

[victoryfactory]

You make it sound as if he was sent to quell riots or something. Critical Mass is a peaceful demonstration.


Critical mass is presented and received differently depending on
where it takes place and who chooses to participate.

In some communities it is tolerated, in some places it is a fun ride vibe
and unfortunately in NYC it became a protest vs the cops free for all.
The blame goes to both sides.

Right from the beginning of the NYC version. The cops tried to stop it because
from their POV it was an illegal demonstration.
They want you to go and get a permit for this kind of stuff and stay
within predetermined boundaries. If they are suspicious of your group or
your motives, they will shut you down.

This is. of course, not what critical mass is all about.

That is where the problem started in NYC.

VF

[fiamme red]

So, it is not a protest, just a demonstration? :rolleyes:"Demonstration" isn't the right word. It's just a ride, really.

I've never done CM and don't approve of their tactics (at leat of the Union Square group), but they aren't a dangerous bunch.

[fiamme red]

Right from the beginning of the NYC version. The cops tried to stop it because
from their POV it was an illegal demonstration.
They want you to go and get a permit for this kind of stuff and stay
within predetermined boundaries. If they are suspicious of your group or
your motives, they will shut you down.

This is. of course, not what critical mass is all about.

That is where the problem started in NYC.

VFActually, the real friction between riders and police didn't start from the beginning of NYC CM. It started with the enormous ride during the 2004 Republican Convention, which was terribly mishandled by Bloomberg and the NYPD.

[rugbysecondrow]

http://www.sfexaminer.com/local/Critical-Mass-ruling-in-NYC-could-travel-west-84540237.html

A judge ruled Tuesday that New York City can force groups of 50 people or more on bicycles to get a parade permit, a process known to be cumbersome.

The legal battle stemmed from a clash between cyclists and police in 2004 during the Republican National Convention in which hundreds of bicyclists were arrested for alleged unruly behavior.



Read more at the San Francisco Examiner: http://www.sfexaminer.com/local/Critical-Mass-ruling-in-NYC-could-travel-west-84540237.html#ixzz0mbG55yuG

[Charles M]

I have seen several Critical Mass rides. I started only one, but left it along with a few friends after a very short distance.


In every case the rides had people that I HATE to have as representing who cyclists are and what riding a bike is about.


I don't like a$$hole cyclists any more than I do a$$hole motorists.


Just like there are good represetitives of both motorists and Cyclists, there are bad.


I think the cop should have faced legal action and was plainly guilty of assault.

But I would wonder if a group of motorists and pedestrians organized to block bike paths regularly and one day a line of people were yelling at and blocking cyclists. Say one cyclist didnt stop on purpose and rode into the people and knocked someone down (but that person wasn't injured enough to prevent them getting right back up and running around), how we would feel about the bike rider getting 4 years in jail? (there's no wrong answer)



I am a cyclists and want us to have rights and want us to be respected.


I don't want jackass representation on the road that polarizes people. I don't mind giving back to a motorist who's intimidated or assaulted someone, but I'm not for organized stepping on anyone else's rights either...

[rugbysecondrow]

I have seen several Critical Mass rides. I started only one, but left it along with a few friends after a very short distance.




I don't like a$$hole cyclists any more than I do a$$hole motorists.


Just like there are good represetitives of both motorists and Cyclists, there are bad.

I am a cyclists and want us to have rights and want us to be respected.


...

Agree 100%. I ( and most of us I presume) go out with the intention of riding my bike, blending with traffic and NOT be a nuisance. These guys go out with the pure intention of gumming up the works during drive time on Friday evenings when people just want to get home from work and be with their families. So, in an effort to show how "Right" you are, you clog up the streets, delay traffic, purposefully cause a disruption all for the purpose of what? What is productive about this? How does this help cyclists? The answer is that it doesn't. What helps are when people act responsibly, commute responsbily, recreate responsibly and commuicate issue responsibly.

What spooks me is that I might be on a recreational ride or cruising back from the park with my daughter after a motorist has been held up in D.C. critical mass traffic...I don't want to meet him on the road.

[BumbleBeeDave]

You got to give BBD a break. He comes from a family that never showed their children any love. It is his up bringing that causes him to be to unforgiving of other people.

. . . to feel the love! :eek: :p

BBD

[Ahneida Ride]

What spooks me is that I might be on a recreational ride or cruising back from the park with my daughter after a motorist has been held up in D.C. critical mass traffic...I don't want to meet him on the road.

Yea .... payback ...

One reason I try to never piss off drivers ..

Some other rider will pay the price.

[Louis]

. . . to feel the love! :eek: :p

BBD

It's TOUGH love, Dave.

[54ny77]

4 yrs in prison for that?

ridiculous.

guess who gets to pay for that incarceration? us ny-based taxpayers, that's who. eveyone out of state who's going rah rah rah throw the bum in jail--send some money to the ny state treasury to prove your support. oh yeah, that means serotta will be paying too, since they're in ny. so help the jailing cause, buy more serottas!

assume it costs $20-30k/yr. to shack up mr. egregiously wrong policeman in a 10x10 concrete palace. sorry, but i can think of much better uses for $100k+ than to put up a cop in a jail who pushed a cyclist. lot of poor families could be fed, laid-off teachers re-employed, etc. etc.

yes he did wrong and yes he should be punished. his lifelong projected nypd career is now over and he'll have a criminal record. that sure as heck is more than most anyone who causes harm to a cyclist gets.

critical mass has become (or for that matter, always has been) a lunatic fringe with a couple of well-intentioned people thrown in. it's an excuse to get militant and break rules. i've seen many of 'em firsthand, even ridden in one (for about 5 min., then left because i saw what was really happening, people taunting drivers, banging on cars, etc.).

have a nice day. :)

[fiamme red]

4 yrs in prison for that?

ridiculous.

guess who gets to pay for that incarceration? us ny-based taxpayers, that's who. eveyone out of state who's going rah rah rah throw the bum in jail--send some money to the ny state treasury to prove your support. oh yeah, that means serotta will be paying too, since they're in ny. so help the jailing cause, buy more serottas!

assume it costs $20-30k/yr. to shack up mr. egregiously wrong policeman in a 10x10 concrete palace. sorry, but i can think of much better uses for $100k+ than to put up a cop in a jail who pushed a cyclist. lot of poor families could be fed, laid-off teachers re-employed, etc. etc.By that same logic, we should also free Bernie Madoff.

[Ahneida Ride]

By that same logic, we should also free Bernie Madoff.


good old Bernie ...

Oh don't get me started... you know what I'll talk about. :crap:

[54ny77]

by what same logic?

bernie's a red herring, keep on topic.

eh, whatever. i'm outta this one. a needless & pointless debate...

By that same logic, we should also free Bernie Madoff.

[fiamme red]

by what same logic?

bernie's a red herring, keep on topic.No, it's not a red herring.

By the way, Pogan isn't going to jail for pushing a cyclist. He was acquitted of assault. He's going to jail for committing the felony of deliberately lying on his police report, which would have caused an innocent person to go to jail if there hadn't been a video.

[Ken Robb]

and who ever serves a full sentence any way?

[54ny77]

Fiamme--I didn't realize he was sentenced for the report issues and acquitted of assault. I thought it was for assault, so I stand corrected.

Either way:
An idiot cop.
An idiot cyclist.
Nobody wins.

----------------------------------

MANHATTAN SUPREME COURT — A Critical Mass cyclist who was thrown to the ground by a rookie NYPD officer in Times Square is an ardent marijuana smoker and a reckless driver who once killed someone while speeding in a car, defense attorneys said of the plaintiff on Tuesday.

Christopher Long, 31, was shoved off his bicycle by former NYPD officer Patrick Pogan, now 24, after gliding through a red light on Seventh Avenue with dozens of other riders, video evidence from July 2008 shows.

Long is now testifying in Pogan's criminal trial, where the officer is facing charges for allegedly lying on arrest documents, harassing and assaulting Long.

Video by a tourist shows Pogan shoving Long to the ground and is being played as evidence.
Christopher Long and Patrick Pogan ACritical Mass rider Christopher Long (r.) who was thrown from his bike by former police officer Patrick Pogan (l.) in 2008.

Long, who laughed at questions during cross-examination and responded sarcastically several times, is now an unemployed daily marijuana smoker, by his own account. Long seemed intent on provocation, even saying on the stand that he likes "to smoke when I defecate first thing in the morning."

He also fielded questions about his many automobile traffic violations and admitted he killed a man while driving over 90 miles per hour in North Carolina.

"That was gnarly, man," Long said, shaking his head.

Only two weeks after that incident, he was pulled over for driving more than 30 miles per hour above the speeding limit.

On the stand, Long explained he didn't think Pogan intended to injure him and said he believed the officer, whom he called a "pawn in the game" after he was knocked over, had been acting on orders from above.

"As an armed organization, I'm against [the police department]," he said. "But not as individuals. I'm not anti-individuals."

Prosecutors have said Pogan's worst offense was lying on paperwork and official documents about what had taken place.

Pogan's defense attorney said the young officer, who had been in uniform for only 11 days, was following orders to arrest rowdy riders and that Long failed to pull over when Pogan, patrolling on foot, ordered him to stop.

After Long was pushed to the ground, he yelled, "Assault me, assault me! I'll have your badges!" as two officers tried to restrain him, according to testimony.

http://dnainfo.com/20100420/midtown-west-hells-kitchen/critical-mass-cyclist-pushed-over-by-nypd-officer-testifies-he-was-reckless-driver-avid-pot-smoker

[fiamme red]

and who ever serves a full sentence any way?Pogan is a cop, so he'll certainly get a lenient sentence. His lawyer even said, "We're cautiously optimistic he won't get jail. This is not someone who even needs probation. This is somebody who needs to get on with his life."

[bshell]

Wow.

Unless we're missing something SIGNIFICANT leading up to this assault that piece of garbage (formerly in uniform) deserves time without question.

"Only 11 days out of the academy" should not be used as a rationalization of actions...One would think that the lessons about protecting and serving should be the freshest at that point.

Assault; check.

Denial/lying/collusion; check.

Willingness to have an innocent person receive criminal charges for your actions; check.

Perjury..seems likely, but I couldn't tell from the article if Pogan got to spin his yarn about the event prior to the submission of the video evidence.

Thank heavens for camcorders.

Goodbye Patrick!

[BumbleBeeDave]

Either way:
An idiot cop.
An idiot cyclist.
Nobody wins.

Agree 100%!

BBD

[Dekonick]

A young cop - fresh from school... looks to me like his supervisor did a poor job of coaching the lad.

Jail? I hope not. His job is enough IMHO. The more I think about it, the more I see a lack of training and discipline. NYPD needs to change the culture and better coach their recruits. Just an observation.

WHAT he deserves to fry for is lying. I have much more of an issue with that than the 'force' applied. I have little doubt the officer was cajoled by the crowd of 'peaceful' CM folks (CM is misguided IMHO) and thus he, being a new officer and full of confidence, decided to 'show' how 'he' was in charge.

This all leads me to look at the training and wonder what they teach in the academy. There is a reason for field training - to meld what is learned in the academy with real life situations. 11 days is not enough time for that. Do you want push over cops? I know I don't! Do you want heavy handed cops? Nope. I want a fair, well trained, even handed officer who knows how and when to apply force and when to back off.

The whole thing sucks IMHO.

Glad he was fired as it does help send a message to other potential bullies. I do not think jail is the right solution. Lets focus on preventing this in the future and change the police culture - and that of CM.

:eek:

[67-59]

I find it interesting that many people consider his age and short tenure to be mitigating factors, leading them to conclude he shouldn't get jail time. I disagree.

First off, lying is lying. My kids (ages 14 and 16) know better than to do what this guy did, especially given that he could very well have sent an innocent man to jail. To say that our criminal justice system should let a guy like this off the hook with nothing but a stern "don't do that again" because he is "only" in his mid-20s is ridiculous.

Likewise, if an older cop could go to jail for 4 years for this offense, I don't understand how being "only 24" should play in this guy's favor. Even if he gets the full sentence, he would be "only 28" when he gets out -- more than enough time to time to turn himself into a respectable human being.

[palincss]

First off, lying is lying. My kids (ages 14 and 16) know better than to do what this guy did, especially given that he could very well have sent an innocent man to jail. To say that our criminal justice system should let a guy like this off the hook with nothing but a stern "don't do that again" because he is "only" in his mid-20s is ridiculous.


No, lying is not lying. Saying "Of course not" when your wife asks "Does this dress make me look fat?" may be a lie, but it's a far cry from falsifying an official police report with the intention of falsely convicting somebody of a crime. Police have great power, and with that power comes great responsibility. Violating that trust should come with a heavy penalty.

[rugbysecondrow]

First off, lying is lying. My kids (ages 14 and 16) know better than to do what this guy did, especially given that he could very well have sent an innocent man to jail. To say that our criminal justice system should let a guy like this off the hook with nothing but a stern "don't do that again" because he is "only" in his mid-20s is ridiculous

People knowing what is "right" and acting on that knowledge are two very different things. I am not going to speak about your kids, but I will say that most teenagers are masters at covering up, both for themselves and their friends.

To the age point, it is not ridiculous. In the judicial system mitigating factors come to bare all the time, so it is not far fetched to look at age as a factor.

In addition, people keep saying he could have sent somebody to prison falsely, he could have ruined somebodies life, he could have...but did that happen? A drunk driver could have killed somebody, does that mean that they all get time in jail, especially 4 years in prison? Hell, this cyclist killed somebody himself and didn't go to prison.

The guy was obviously wrong in fabricating these charges, but 4 years is too long.

[r_mutt]

4 years is the maximum sentence he could be sentenced for. it's highly unlikely that will happen.

as for your point rugby, concerning that pogan didn't actually send someone to jail falsely, yes, it's true, no one went to jail, but no harm no foul doesn't work in this case. long would have been in jail presently if there wasn't video evidence. just because pogan wasn't successful at getting long into jail doesn't mean that we should turn a blind eye towards him. that's like saying,"i know i tried to rob the bank your honor, but when i was i was caught on video, i returned the money".

a slap on the wrist for falsifying police reports to implicate innocent citizens sets a bad precedent for all law enforcement officials. this should be dealt with seriously. how would you like it if it had happened to you?

[bshell]

I don't know the legal terms for it but the glaring difference from that analogy is that the DWI driver is creating a hazard at large that MAY happen while this police officer is deliberately trying to harm the cyclist by both framing him for a crime he did not commit AND delivering a very hazardous body slam off of a moving bicycle. INTENT INTENT INTENT!

I'm surprised and disappointed by the reaction that the fall from the bike isn't a big deal. That fall could very easily have ended with broken bones, paralysis from a broken neck, or death from a head injury. I'm glad he wasn't hurt. He did not deserve that.

I have no idea what circumstances surround his responsibility in the auto related death in his past. I CAN say that after reading about Mr. Long in court (not-so-bright stoner/obnoxious) he's not a guy I'd ever want to be around. Officer Pogan didn't know him from JC himself.

[rugbysecondrow]

I don't know the legal terms for it but the glaring difference from that analogy is that the DWI driver is creating a hazard at large that MAY happen while this police officer is deliberately trying to harm the cyclist by both framing him for a crime he did not commit AND delivering a very hazardous body slam off of a moving bicycle. INTENT INTENT INTENT!

I'm surprised and disappointed by the reaction that the fall from the bike isn't a big deal. That fall could very easily have ended with broken bones, paralysis from a broken neck, or death from a head injury. I'm glad he wasn't hurt. He did not deserve that.

I have no idea what circumstances surround his responsibility in the auto related death in his past. I CAN say that after reading about Mr. Long in court (not-so-bright stoner/obnoxious) he's not a guy I'd ever want to be around. Officer Pogan didn't know him from JC himself.


I am not saying the crimes are analogous, but I am trying to establish some context for severity.

My point is not whether or not he is guilty or that the douche on the bike deserved it. My point is that four year seem out of proportion to the crime.

[palincss]

People knowing what is "right" and acting on that knowledge are two very different things. I am not going to speak about your kids, but I will say that most teenagers are masters at covering up, both for themselves and their friends.

To the age point, it is not ridiculous. In the judicial system mitigating factors come to bare all the time, so it is not far fetched to look at age as a factor.

In addition, people keep saying he could have sent somebody to prison falsely, he could have ruined somebodies life, he could have...but did that happen? A drunk driver could have killed somebody, does that mean that they all get time in jail, especially 4 years in prison? Hell, this cyclist killed somebody himself and didn't go to prison.

The guy was obviously wrong in fabricating these charges, but 4 years is too long.

The cyclist is irrelevant. The issue is, this cop tried to stitch somebody up by lying on an official police report. There are few things a cop could do that are worse. Where do you think going easy in a case like this would lead? Framing a suspect certainly makes a cop's job a lot easier. No need for all that pesky evidence and all, just falsify a police report.

[rugbysecondrow]

The cyclist is irrelevant. The issue is, this cop tried to stitch somebody up by lying on an official police report. There are few things a cop could do that are worse. Where do you think going easy in a case like this would lead? Framing a suspect certainly makes a cop's job a lot easier. No need for all that pesky evidence and all, just falsify a police report.

You keep writing, but I don't think you are reading...who said take it easy? Just because you think the book should be thrown at him does not mean all other views are taking it easy.

[bicycletricycle]

A similar thing happen to my friend in philidelphia but there was no camcorder, she went to jail and had to pay a couple thousand dollars in lawyers fees to get the charges dropped. The effects of a reckless and dishonest police officer can be devestating for the victims of their abuse. I just hope the punishment is severe enough for other officers to take notice.

[bicycletricycle]

Also that video really speaks thousand words. It really makes me think that we are lucky that this happen so early in his career, one less bad police officer walking around. If he did that in public what would he be capable of doing behind closed doors?

[hookookadoo]

and some seek authority. I have no doubt in my mind this cop(he's not an officer, though most are) wanted the badge for the power trip and the authority. The video makes clear his intent, without hesitation, was to hurt and to hurt with overpowering force. Being a rookie had absolutely nothing to do with it. That was instinctual mean-spirited DNA that training would not have eliminated. If he was that bold on his 11th day on the job can you imagine how emboldened he would be a year or two later? Scares me that he even made it past the psychological screening.

And for the record, I disagree with the CM. It does nothing more than increase the number of cycling hating people.

[palincss]

You keep writing, but I don't think you are reading...who said take it easy? Just because you think the book should be thrown at him does not mean all other views are taking it easy.

I've read what you've written. I just think you're badly mistaken. I think based on what you've said in this thread you do not believe the officer in question did anything seriously wrong. I believe deliberately falsifying a police report in order to frame someone for a crime they did not commit is one of the most serious offenses a police officer can commit.

[rugbysecondrow]

I've read what you've written. I just think you're badly mistaken. I think based on what you've said in this thread you do not believe the officer in question did anything seriously wrong. I believe deliberately falsifying a police report in order to frame someone for a crime they did not commit is one of the most serious offenses a police officer can commit.

When did I say this or anything like it? I have actually said the opposite.

I don't see him getting the max sentence of four years, but fortunatly we get to revisit this in June when the sentencing actually occurs.

[goonster]

NYTimes City Blog (http://cityroom.blogs.nytimes.com/2010/07/14/ex-officer-avoids-jail-time-in-arrest-of-times-square-bicyclist/)

Update: Not guilty of assault. Not guilty of falsifying the initial arrest report.

No jail time. No probation. No deterrence. :butt:

[JohnHemlock]

NYTimes City Blog (http://cityroom.blogs.nytimes.com/2010/07/14/ex-officer-avoids-jail-time-in-arrest-of-times-square-bicyclist/)

Update: Not guilty of assault. Not guilty of falsifying the initial arrest report.

No jail time. No probation. No deterrence. :butt:

Guess I'm not surprised. If you can shoot an unarmed immigrant 19 times and get acquitted, who cares about a little falsification and assault?

[gemship]

Well at least he lost his job. In this economy that can be difficult to replace.

[bigreen505]

NYTimes City Blog (http://cityroom.blogs.nytimes.com/2010/07/14/ex-officer-avoids-jail-time-in-arrest-of-times-square-bicyclist/)

Update: Not guilty of assault. Not guilty of falsifying the initial arrest report.

No jail time. No probation. No deterrence. :butt:

Which just goes to show that it is ok, and will happen again, and again and again. :crap:

[Dekonick]

Which just goes to show that it is ok, and will happen again, and again and again. :crap:

Losing your job is a major penalty. I agree there should have been something more, but such is life.

[torquer]

Well at least he lost his job. In this economy that can be difficult to replace.
Depends on your connections. We had a local off-duty NYC cop who was convicted of killing someboby. When his lawyers found a sympathetic appeals judge who tossed the conviction, the ex-cop quickly found work in the sandhogs union doing heavy construction. (The cop is back in prison to finish his sentence after further appeals, and the friendly judge retired to private practice.)

This is not to compare the crimes. Just sayin' there are breaks out there, for some folks. I'm sure there's a mall-cop job waiting out there for this guy, at least.

[gemship]

Depends on your connections. We had a local off-duty NYC cop who was convicted of killing someboby. When his lawyers found a sympathetic appeals judge who tossed the conviction, the ex-cop quickly found work in the sandhogs union doing heavy construction. (The cop is back in prison to finish his sentence after further appeals, and the friendly judge retired to private practice.)

This is not to compare the crimes. Just sayin' there are breaks out there, for some folks. I'm sure there's a mall-cop job waiting out there for this guy, at least.


yeah I know, just trying to point out the brightside to this outcome, no matter how dim. If memory serves me correct I think the victim wasn't exactly a choir boy and his testimony really didn't impact the case in a positive way so it seems the lighter outcome was to be somewhat expected.