Trial Summary: Monday, May 13, 2019
Day 1 of Pantaleo on Trial
CCRB administrative/disciplinary prosecution of Daniel Pantaleo for killing Eric Garner
Monday, May 13, 2019 was the first day of the administrative trial of NYPD Officer Daniel Pantaleo, related to discipline charges that the Civilian Complaint Review Board (CCRB) brought against him for using a chokehold on Eric Garner and killing him on July 17, 2014, in Staten Island. After the NYPD failed to bring charges or move the discipline case against Pantaleo or other officers responsible for killing Eric and the attempted cover-up, the CCRB substantiated discipline charges against Pantaleo in 2017. However, the NYPD blocked those charges from being served until summer of 2018, and didn’t turn over files of evidence to the CCRB until that time. ** Despite multiple attempts to block CCRB’s prosecution of Pantaleo and last-minute attempts to delay the trial from moving forward by Pantaleo’s police union lawyers, the trial began on Monday – almost five years after Eric was killed.
Day 1 of the trial included opening arguments and three witnesses, called by CCRB.
Opening arguments
CCRB prosecutor Jonathan Fogel’s opening arguments laid out the case for CCRB’s prosecution of Officer Daniel Pantaleo and began with Fogel reciting Eric’s last words – “I Can’t Breathe” multiple times. Fogel argued that these words clearly show who caused the death of Eric Garner (Pantaleo, who used a chokehold on Eric, in spite of chokeholds being banned by the NYPD for over 20 years). Fogel stated that Pantaleo “applied pressure to his neck, he did not let go”, he “choked the life out of Eric Garner” and applied a “lethal does of the prohibited chokehold”. Fogel also previewed that the medical examiner who conducted the autopsy will testify and explain that Pantaleo’s use of the banned chokehold set off a domino effect that was the “lethal cascade” that killed Eric Garner.
Pantaleo’s police union attorney Stuart London’s opening arguments included various misleading statements and previewed the misdirection he will use during the trial to defend Pantaleo. During his argument, London tried to blame Eric for his own murder and claimed that Pantaleo did not use a chokehold.
The three witnesses called on Day 1 were:
- Ramsey Orta, who took the video of the killing of Eric Garner. Orta’s video was watched by individuals all across the world and helped to ignite mass protests across the country in 2014-2015. Orta’s video also exposed the lies that the NYPD attempted to use to cover-up the killing of Eric Garner in 2014.
- NYPD Sgt. Luke Gasquez, who was the lead investigator from the Internal Affairs Bureau, responsible for conducting the NYPD’s investigation of the killing of Eric Garner.
- NYPD Deputy Inspector Barton, the commanding officer of IAB “Group 54” at the time of the investigation of Eric Garner.
Up to three witnesses are expected to take the stand on Day 2 of the trial, Tuesday May 14, 2019.
Comments to press on Day 1
NYPD Deputy Commissioner of Trials Rosemarie Maldonado allowed only a 20-minute lunch break on Day 1. Speaking to press during the short break, Gwen Carr, Eric Garner’s mother said: “The day after Mother’s Day, to have to watch the video that the world saw of my son being killed, to be at this trial after five years, and to see all of the tricks that Pantaleo’s lawyers are trying to pull to avoid accountability, it’s really hard.” At the end of the day, Gwen Carr also put out a statement on her feelings about the day. Full statement can be found here.
Iris Baez, the mother of Anthony Baez (also killed by NYPD chokehold, 20 years before Eric Garner) also spoke to press during the Day 1 lunch break, and talked about how Stuart London is using the same script that he used over 20 years ago when NYPD Officer Francis Livoti was fired for choking and killing Anthony. Stuart London and his PBA legal team also represented Francis Livoti after he killed Anthony Baez; Richard Haste, who killed Ramarley Graham and many other police who have unjustly killed New Yorkers. Speaking to press, Iris Baez said: “Pantaleo’s lawyers are using the same dirty tactics to avoid holding Pantaleo accountable for killing Eric Garner. It’s the same tactics they used to try to get away with killing my son years ago.”
In attendance on Day 1
Eric Garner’s family in attendance included his mother, Gwen Carr; father, Benjamin Carr, sister Ellisha Flagg Garner; cousin Michael Garner. Their supporters included other families whose loved ones were killed by NYPD and/or experienced NYPD abuse, including: Iris Baez, the mother of Anthony Baez who was killed by NYPD chokehold in 1994, 20 years before Eric Garner; Constance Malcolm, the mother of Ramarley Graham; Hawa Bah, mother of Mohamed Bah; Sharonne Salaam, mother of Yusef Salaam of Central Park 5; Hertencia Peterson, aunt of Akai Gurley; Darlene Glover, the sister of Clifford Glover. CPR member/partner organizations who came out to 1 Police Plaza on Day 1 included Justice Committee; Make the Road New York, Gathering for Justice/Justice League NYC, National Action Network, 1199 SEIU, Arc of Justice, SURJ NYC, and more.
Monday May 13th was also the birthday of the aunt of Akai Gurley and mother of Ramarley Graham. Both of these warriors spent the day in the trial room, supporting Gwen Carr and her family. At the end of the day, we surprised Akai’s aunt and Ramarley’s mom with a birthday cake and song.
THANK YOU to all New Yorkers who came out to 1 Police Plaza to support the demands of Eric Garner’s family and those around the country who are helping to amplify the trial and demands through social media and other means. Special thank you to the many volunteers who arrived early in the morning, waited in line for hours, and were still not allowed to enter the courtroom – thank you for your persistence and patience.
Remainder of the trial: Discipline trial of Officer Daniel Pantaleo is scheduled to continue daily (Monday – Friday) through Thursday May 23rd. However, the trial may end earlier than expected, or continue after May 23rd. If the trial continues past May 23rd, the three dates the court has reserved are Monday, June 3rd – Weds June 5.
Eric’s mother will be holding a media availability each day during the lunch break – please come to 1 Police Plaza to support if you can. The timing of each day’s lunch break isn’t possible to predict, but we expect that the DCT Maldonado will call for the lunch break to begin anywhere from 11:30am to 2pm.
** Additional background on CCRB’s prosecution of Daniel Pantaleo:
Although NYPD had the authority to charge and prosecute Pantaleo (as they do with all officers), they did not. Be clear that this trial against Pantaleo would not be happening right now if CCRB had not pushed to make sure it was happening.
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