By Attorney Howard Friedman

Since I first began working on police misconduct cases in 1976 as a law student I have known that local prosecutors are reluctant to prosecute police officers for brutality. A lot has changed since then, starting with the federal criminal prosecution of police officers for beating Rodney King. Still, it is not news when a local prosecutor refuses to prosecute a police officer for beating a handcuffed prisoner. But I was surprised that the District Attorney in Queens, New York, has refused to prosecute a police officer for assaulting a judge from the Queens Supreme Court (a trial court in New York where he handles matrimonial cases). If a judge—along with other witnesses—cannot provide enough evidence to charge a brutal police officer criminally, police can beat people without fear of criminal prosecution.

Judge Thomas Raffaele witnessed a New York City police officer smashing his knee into the back of a handcuffed homeless man. The judge looked closely and saw that the prisoner was not struggling; rather, the police officer was out of control.