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A state investigation into #DanielPrude's killing will take a year or more. But that doesn't mean Rochesterians have to wait that long to know the truth about what happened. Here'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/
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
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's killing. (3/11) 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's killing, including emails that show how the City decided to respond to (or keep secret) the Department's role in Prude's death. (5/11)
The subpoena power is important, too. It means that the City and RPD can'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'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's killing. (7/11)
The PAB has a duty to "ensure . . . transparency" over the RPD's work. In the context of an investigation into Prude'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'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'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's death - and everything surrounding it. Everything. (11/11)
Final note: Cuomo'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
