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I represented the man who this ex-NYPD detective lied into a violent felony indictment. Michael Bergman completely fabricated a fake crime out of spite. If convicted, would’ve faced minimum 3.5 years in prison. Max 15. Today, the liar only got probation. https://www.nydailynews.com/new-york/nyc-crime/ny-no-jail-ex-cop-perjury-20200108-aatvjls7dnahdnwz52az5eyomq-story.html
I remember first meeting Mr. Barbosa. In interview cells attached to the cage behind the arraignment courtroom in Brooklyn criminal court. Like everyone I represent I don’t get to choose. I just happened to be working that day, & a file with his name & charges was handed to me.
The charges were serious. Detective Bergman claimed that after stopping Mr. Barbosa’s car, he accelerated backwards at a high rate of speed, then turned the car toward the Detective. Was right in between headlines. And slammed on gas. Bergman dove out of the way to save his life.
Mr. Barbosa was in a world of trouble. Charged w/ attempted assault in first degree. A Class C violent felony. A brazen act of violence. I wondered what he was thinking. What motivated this? I walked thru the door into the jail directly behind the “In God We Trust” sign in court.
I called his name & he walked in. Tired. Not feeling well. Shaking his head. I told him his charges. And he *forcefully* denied it. “Didn’t happen. These cops have been harassing me for months. I was parked. They pulled up. I drove off. That was it.” I pressed him more.
“Why on earth would they make something like this up?” I asked. Cops lie all the time. To justify bad stops & frisks, excessive use of force. Sometimes they plant evidence. Big lies. Small lies. Here: there was no motivation. He wasn’t injured. They didn’t find anything on him.
“I honesty don’t know. They don’t like me, but saying I did this?” He trailed off. Put head down. He was really upset. I was having a hard time still believing him. “So you just pulled out? Didn’t accidentally almost hit him?” He shook his head no. “I’ll look for video,” I said.
A reaction to the idea of video surveillance can sometimes be a tell. If not so enthusiastic, it’s likely the video won’t be helpful. But he jumped up:
“There’s video?!”
“I don’t know. I’ll definitely be looking for it.”
“Please, please do. Otherwise it’s my word vs. his.”
“There’s video?!”
“I don’t know. I’ll definitely be looking for it.”
“Please, please do. Otherwise it’s my word vs. his.”
Mr. Barbosa knew the reality then: Police can generally say whatever they want. And they know that generally, no matter what, prosecutors, judges, & in the rare case that makes it that far, juries, will believe them over the accused. He was in a serious predicament. Life & death.
Based on this allegation, Mr. Barbosa was remanded to Rikers Island by parole. While he sat on Rikers, Det. Bergman made the decision to take his lie a step further. He could’ve stopped w/ the lie in paperwork. Just let it go. Instead he decided to testify before the grand jury.
Under oath, he told the grand jury a story out of an action movie. How he had to leap out of the way to save his life. How he scratched his arm on the pavement. How he thought he was going to die. The grand jury believed him & voted to indict Barbosa. Thankfully, there was video.
I happen to be blessed to work in a public defender office w/ more resources than most. We have a team of investigators, who spend all day everyday in the field. Witness interviews. Taking measurements. Visiting crime scenes. Tracking down video surveillance. They’re incredible.
Just to stress the point. Most defender offices in the country don’t have *any* investigators. A large number of offices don’t have funding to meet their clients at first appearances but have to wait days, sometimes weeks. By then video taped over. Evidence gone. Memories faded.
Just to stress the point about lack of access to counsel further: There are large swaths of the country that don’t even have defender offices at all. Judges appoint private attorneys, who get paid relative pennies for it, let alone enough to encourage them to investigate. A sham.
Ok. Back to the nightmare that now-ex NYPD Detective Michael Bergman maliciously inflicted on my client, Pedro Barbosa. And the video that saved his life.
I remember when Julia knocked on my door. “I got video surveillance in the Barbosa case. They lied. It’s clear.” She talked the owner of a car mechanic shop to let her copy it. She handed me a DVD. Popped it into my computer & watched. “Holy sh*t!” “I know, right!?” she said.
Here is the video the investigator Julia found that exposed Det. Bergman’s lie. Mr. Barbosa parallel parks. Unmarked car pulls up. He drives off. No accelerating back. No aiming car at Bergman (driver’s side). No diving out of way. A complete fabrication.
Here is another version of the video that exposed ex-NYPD detective Michael Bergman’s perjury.
@nowthisnews published it with a play by play rundown.
@nowthisnews published it with a play by play rundown.
Armed with the video, I filed a motion to dismiss the charges comparing Bergman’s testimony with what actually happened (with time stamps) & submitted the motion along with a copy of the video surveillance. I got a call from the prosecutor less than a day later. He was stunned.
“I watched the video. Um.” He had a hard time finding words. “Well. We’re obviously going to dismiss.” I was so relieved. I’m so used to prosecutors giving cops every imaginable benefit of the doubt, I thought there was a chance they’d find a way to see something I couldn’t.
Then prosecutor asks me: “Why do you think he did this?” I told him I had no idea. But reminded him that police lie all the time. This one happened to be obvious bc it was on video. But cops lying unfortunately is an epidemic in forces around the country. I felt like a teacher.
The prosecutor also told me that the Brooklyn DA’s new “Police Accountability Unit” would be considering prosecuting. I said that was fine, but more pressing: his office should be investigating every case the detective ever worked on. “That’s out of my control, but I agree.”
I’ve never seen anyone smile more broadly than when I told Mr. Barbosa we found video, it totally exonerated him, & the prosecution was dismissing. He literally bounced. “I told you!” “I know.” “What happens now?” I soon found out. From the Daily News: https://www.nydailynews.com/new-york/ny-metro-nypd-indictment-michael-bergman-20190619-iskw74mu65bqfeed757jni6kly-story.html
Det. Bergman, accused of lying under oath to imprison an innocent man for up to 15 years, was released w/o bail. No outcry of course from @nypost, police & prosecutors who, as I type, are peddling their own lies to kill new bail reforms so they can jail more Black & Brown people.
I later found out, this time from @nypost, that Bergman had pled guilty. The Post of course didn’t disparage Bergman as a “criminal,” “thug,” “goon,” “felon,” or “con” like they do Black people charged w/ far less. But they did call Mr. Barbosa “the perp.” https://nypost.com/2019/11/08/nypd-cop-admits-he-lied-about-being-struck-by-suspects-car-during-arrest/
Bergman was fired. A near impossibility. Prosecutors asked the judge to sentence him to a year in jail. Brooklyn DA made this statement: “The justice system must be able to rely on the integrity & credibility of our police to keep our communities safe & ensure equal justice.”
Today I heard the news. The Judge took the rare step—at least in cases of people I represent—of undercutting the prosecution request for jail time & sentencing Michael Bergman to probation. As far as I know, this judge only sentences cops to probation. No matter what. Examples —>
The same judge also sentenced the 2 NYPD officers who had sex w/ a teen in exchange for her freedom to probation. Pointed out that cop's conduct was mitigated bc the teenager also committed a crime by allegedly offering sex for her freedom. https://nypost.com/2019/08/29/judge-explains-no-jail-deal-for-ex-nypd-cops-who-had-sex-with-suspect/
The same judge gave probation to this ex-NYPD cop who shot a man in the mouth twice out of jealousy & then placed a knife next to his body to cover up his crime. https://nypost.com/2019/12/12/ritchard-blake-ex-nypd-cop-who-shot-rival-in-the-face-gets-probation/
Akai Gurley (left) was killed by Officer Laing while walking in the stairwell of a building. Laing received probation.
2 months later, same judge sentenced Marcell Dockery (right), a teen who set fire to a mattress accidentally killing a responding officer, to 19 years to life.
2 months later, same judge sentenced Marcell Dockery (right), a teen who set fire to a mattress accidentally killing a responding officer, to 19 years to life.
Michael Bergman did one of the worst things a human being could ever do to another: give false testimony that would put them in jail wrongfully. He did so brazenly and maliciously. He lied in sworn testimony before a grand jury.
If investigators in my office had not found video that proved his lie, Mr. Barbosa faced a mandatory minimum of 3.5 years and a maximum of 15 years in prison. Police lying is an epidemic not just in the NYPD, but in police forces around the country.
Police lie because they know they’ll rarely if ever be held to account. It is a good thing Bergman was fired and prosecuted. But probation? I just hope that this punishment sends the necessary message of zero tolerance to all on the force. I fear it won’t.
Many are rightfully asking “what about Bergman’s partner?” The partner knew about the lie but said nothing. I wish I knew anything about the partner. But I don’t even know his name. NYPD withholding all info. The reason they’re even allowed to is NY “Civil Rights Law 50-a.”
“50-a” is one the most restrictive police anti-transparency laws in country. Blocks disclosure to defense, prosecutors, public. Only Delaware comes close. There is a campaign now to #repeal50a. Demand @NYPDnews release his name & take appropriate action. https://www.nydailynews.com/new-york/nyc-crime/ny-advocates-demand-public-police-discipline-records-20200107-74inpbvus5ewdnk5ykf3arhinu-story.html
