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A state investigation into #DanielPrude& #39;s killing will take a year or more. But that doesn& #39;t mean Rochesterians have to wait that long to know the truth about what happened. Here& #39;s why. (Hint: the answer is the Police Accountability Board, or PAB.) (1/11) https://www.democratandchronicle.com/story/news/2020/09/03/daniel-prude-death-letitia-james-ny-attorney-general-investigation/5682068002/">https://www.democratandchronicle.com/story/new...
In May, Judge John Ark wrote an order that stripped the PAB "only" of its powers re: "conducting hearings and disciplining officers." That "only" is important, because it means the PAB still has its other powers. So, what are those powers? (2/11) https://www.wxxinews.org/post/rochester-police-accountability-board-ruled-unlawful">https://www.wxxinews.org/post/roch...
The PAB can "investigate any and all conduct, acts or omissions" by any specific RPD officer and "review . . . RPD policies, procedures, patterns, practices and training." So, the PAB can take launch an expansive investigation into Prude& #39;s killing. (3/11) https://ecode360.com/35278812 ">https://ecode360.com/35278812&...
The PAB can force the RPD/City to provide "access to all documents and evidence . . . or other sources of information deemed appropriate by the Board." It can also use subpoenas to "compel testimony and the production of evidence" from any non-compliant RPD/City official. (4/11)
That term, "deemed appropriate," is important. It means, if the PAB wants, the City must hand over any documents - any - about Prude& #39;s killing, including emails that show how the City decided to respond to (or keep secret) the Department& #39;s role in Prude& #39;s death. (5/11)
The subpoena power is important, too. It means that the City and RPD can& #39;t stall their way out of a PAB investigation (at least, not for too long). Unlike the investigatory powers of so many other civilian oversight boards, the PAB& #39;s powers come with teeth. (6/11)
Most importantly, the PAB can investigate without holding a misconduct hearing or receiving a complaint. All the PAB needs to investigate is the "information and belief than an investigation is warranted" - which clearly exists re: Prude& #39;s killing. (7/11)
The PAB has a duty to "ensure . . . transparency" over the RPD& #39;s work. In the context of an investigation into Prude& #39;s killing, the PAB can fulfill this duty by keeping the public updated on a day-to-day basis on what it learns. No "trust us and wait a year in the dark." (8/11)
If and when the PAB does get its disciplinary powers back, it can use the fruits of its existing investigation to discipline officers. Indeed, if it doesn& #39;t start investigating now, the PAB will delay whatever discipline it might order next year. So: the clock is ticking. (9/11)
All this is to say that the PAB has the legal power to, right now, thoroughly & transparently investigate Prude& #39;s killing. In reality, the PAB lacks the power to conduct that kind of investigation. Why? Because, today, it is an all-volunteer board without any hired staff. (10/11)
This will change soon. The PAB will likely hire an Executive Director in the next month. So the real point of this thread is to say that a top priority of the Executive Director could be to investigate Prude& #39;s death - and everything surrounding it. Everything. (11/11)
Final note: Cuomo& #39;s 2015 executive order preempts "district attorneys" from conducting criminal investigations into killings by police. It does not appear to preempt oversight boards from conducting their own investigations. https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/old-files//EO147.pdf">https://www.governor.ny.gov/sites/gov...
