Norman_Siegel's blog

Two hundred thirty two years ago, 55 men from 13 Colonies signed our "Declaration of Independence" and so began our United States of America. I consider the 4th of July to be the most important American holiday because it celebrates the principles upon which our nation was founded.

The Declaration begins with the explanation that "When in the Course of human Events...", it becomes necessary for people to separate themselves from despots and declare their independence and freedom, it is necessary to set forth the reasons why they are compelled to take such action. "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." Those immortal words begin the second paragraph of the Declaration. Equality, Unalienable Rights such as Life , Liberty and the Pursuit of Happiness thus became our nation's raison d'etre.

The signers set forth, in 27 separate paragraphs, a long list of grievances against the King of England. Included in the indictment are: obstruction of the Administration of Justice, quartering of armed troops in the colonies without consent, imposing taxes without consent, exciting domestic insurrection and waging war against the colonies.

Reasoning that " in every stage of these Oppressions we have Petitioned for Redress" but to no avail the signers believed they had no choice. As they so eloquently stated: " We, therefore, the Representatives of the UNITED STATES OF AMERICA, in General Congress, Assembled, ... do, in the Name, and by Authority of the good people of these Colonies, solemnly Publish and Declare, that these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiances to the British Crown, and that all political Connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and do all other Acts and Things which INDEPENDENT STATES may of right do."

On July 4,1776, 232 years ago, the United States of America was born.

On September 17, 1787 our Constitution was approved by a Constitutional Congress made up of representatives of the 13 original colonies of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Four years later, on December 15, 1791, our Bill of Rights –the first ten amendments –became part of the Constitution.

Today, as we approach our 232nd birthday, it is important for all Americans to reflect on our heritage and to appreciate our constitutional system. Although they have some serious flaws, these documents collectively set forth wonderful and fundamental principles and values that our nation needs to adhere to more consistently. My mentor, Charles Morgan, Jr., a superb civil rights lawyer from Alabama, and a great American said in a speech " the Constitutional System–we should try it sometime." Morgan's theme was that if we only adhered to the principles and values in our constitutional system, our nation would be much better. He believed that no matter what problem arose, these American landmarks provided the guidelines for resolving them as a nation. Morgan was correct.

For the past 39 years, I have read the Declaration of Independence, US Constitution, its Amendments with an emphasis on the Bill of Rights on July 4th, usually in public parks. Last year for the first time I and members of the Granny Peace Brigade read sections of these documents aloud with and to a group of 60 people. The people ranged in age from my 7 year old granddaughter, to former New York Assemblywoman Marie Runyon, age 92. It was a terrific and uplifting event. I, along with all who attended, loved the reading.

This 4th of July, I along with the Granny Peace Brigade, the Gray Panthers and other civic minded groups will again read aloud sections of these American treasures. The reading will be held in Central Park, Strawberry Fields, New York City ( West 72nd Street entrance), at noon. I invite you to join us in Central Park to share in this wonderful experience. The 4th of July, Central Park, people celebrating the principles central to free speech, freedom of religion, freedom of the press, equal protection under the law, due process of the law and other cornerstone American values–it will make you feel good. It is a message Americans need to absorb.

Happy 4th of July. Happy Independence.

The April 25 verdict by Justice Arthur Cooperman in the Sean Bell New York City case confirms the widely held belief that it is difficult--almost impossible--to prosecute on-duty police officers in police misconduct cases, especially those involving homicide allegations. The verdict underscores the need for systemic change in the way New York state handles these important and, at times, high-profile cases.

The current system relies on locally elected prosecutors, usually county district attorneys, to prosecute these cases. The system ignores the built-in conflict of interest of the D.A. offices; that is, the result of a routine working relationship between the D.A. and the police. It also overlooks the reality that D.A. offices often lack the necessary expertise and experience in handling cases involving complex police/community relationships.

The 1972 Knapp Commission, investigating New York City Police Department corruption, found that it was impractical for local D.A.s to handle police misconduct cases. It wrote: "The district attorneys in the five counties and the Department of Investigations, although they have a few non-police investigators, depend primarily upon policemen to conduct investigations. In the case of the district attorneys, there is the additional problem that the public tends to look upon them and indeed, they look upon themselves as allies of the department."

The Knapp Commission recommended and then-Gov. Nelson Rockefeller created the New York State Office of Special Prosecutor for Law Enforcement and Administration of Criminal Justice in New York City. This office successfully function until then-Gov. Mario Cuomo eliminated it in 1990.

In the 1990s, the Mollen Commission investigating NYPD misconduct found a direct relationship between corruption and brutality.

In the Bell case, numerous serious questions remain unresolved. Fore example, why didn't the prosecutors ask the judge to include the lesser-included charge of criminal negligent homicide In New York City, police officers on duty were found guilty of homicide on three occasions (in 1977, 1996 and 2003). In each case, the officer was convicted of criminal negligent homicide (manslaughter 1 and murder 2 charges require proof of intent, which usually is not present in these cases). Also, why did the prosecutors read into the record the defendants grand jury testimony a decision that almost guaranteed that none of the thee defendants would take the stand, thus forfeiting the opportunity to cross-examine. Why didn't the prosecutors call an expert witness to the stand to describe alternative ways for an officer to approach Bell's car, as distinguished form the way they approached his car?

The Bell case--like the Amadou Diallo case, the Gidone Busch case, the Patrick Dorismond case and others--involve the officer, the citizen and entire communities that are too often, but not exclusively, communities of color. The verdicts and the lack of accountability ripple through the community, increasing the mistrust of the police and the criminal justice system with growing polarization and divisiveness, especially along racial lines.

A system that included a special prosecutor who has a proven record of accomplishment and engendered confidence from the community and the law enforcement world would be able to publicly explain why, in certain instances, the correct legal result was no indictment or no conviction. Currently, that possibility is unlikely.

The time to confront and ameliorate this problem is now. The time to create a New York State Special Prosecutor for Corruption and Brutality is now. Sen. Eric Adams of Brooklyn, 100 Black in Law Enforcement Who Care, the Latino Officers Association, the Westchester Chapter of the National Black Police Association and others are supporting the call for a statewide special prosecutor. The challenge is for Gov. David Paterson to lead a statewide effort to bring about changes in the investigation and prosecution of police officers charged with illegality. Anything less will allow history to repeat itself time and time again.

"Civil Liberties and U" is a column by Norman Siegel that appears periodically in The Westchester Crusader; it is reprinted here with permission.