Trial Summary: Thursday, May 16, 2019
Day 4 of Pantaleo on Trial
CCRB administrative/disciplinary prosecution of Daniel Pantaleo for killing Eric Garner – NYPD Police Commissioner O’Neill will make a final decision on disciplinary penalty for Pantaleo – if any – for killing Eric Garner.*
NOTE: Trial adjourned until Tuesday, May 21 (no trial in session Friday, May 17 or Monday, May 20)
Day 4 of the trial included four witnesses, all called by Pantaleo’s lawyers for his defense:
- Lieutenant Christopher Bannon, currently commanding officer of 120 Precinct Detective Squad. On July 17, 2014, Lt. Bannon was the Special Ops lieutenant of the 120 precinct, overseeing areas including “conditions” (aka “quality of life” offenses/Broken Windows policing); anticrime (aka plainclothes), domestic violence, and traffic).
- Sergeant Dhanan Saminath, currently 6th precinct detective. On July 17, 2014, Saminath was a Sgt based in the 120 precinct. He was the “conditions” Sgt for quality of life offenses, and the anticrime Sgt.
- Officer Mark Ramos, police officer, Staten Island Ferry Security command. On July 17, 2014, Ramos was part of the SI Task Force. He stated he testified in both the Staten Island and federal grand juries.
- Officer Craig Furlani, police officer assigned to the SI Task Force.
Highlights from witness testimony and cross examination
Defense Witness #1: Lieutenant Christopher “Not a Big Deal” Bannon, currently commanding officer of 120 Precinct Detective Squad. On July 17, 2014, Lt. Bannon was the Special Ops lieutenant of the 120 precinct, overseeing various units in the 120 precinct, including “conditions” (aka “quality of life” offenses/Broken Windows policing); anticrime (aka plainclothes), domestic violence, and traffic). Lt. Bannon testified that on his way to a Special Ops lieutenants’ meeting, he observed about 6 men in front of 200 Bay Street and that he thought it was “kind of indicative of action” – although on cross examination he admitted that he did not see any crimes taking place, he didn’t see cigarettes, he didn’t see any currency exchanges. His rationale was that he was tasked with addressing quality of life offenses in that area, based on a March 2014 Graffiti/Quality of Life STAT meeting at 1 Police Plaza in March of 2014. Bannon called Sgt. Saminath (the anticrime Sgt at the 120 precinct) from his car as he continued to the Special Ops lieutenants meeting, telling him that something could be going on at the location. Bannon requested Sgt. Saminath dispatch officers to 200 Bay St.
Lt. Bannon testified that about 30 minutes later, Bannon received a text from Sgt. Saminath that indicated that the individual the officers who were dispatched interacted with was “unresponsive” and that he “might be DOA”. The CCRB presented evidence (cell phone texts) that showed Bannon replied “Not a big deal”. This was shocking and elicited a strong reaction in the courtroom when this was stated and when the text message trail was put up on the court screen.
When trying to explain himself, Bannon stated in court that his officers were put in a bad situation. CCRB’s O’Hare asked Bannon: “Was Eric Garner put in a bad situation?” Bannon replied: “I don’t know”. O’Hare also asked “were you worried about the dead man?”.
While testifying, Lt. Bannon also revealed that the arrest processing for Eric Garner moved forward after Garner was dead, and that the arrest was counted towards the precinct’s totals for arrests for the month. Bannon said he did not order Daniel Pantaleo to make an arrest, apply a chokehold on Garner, or place his arm against or around Garner’s neck.
Witness #2: Sergeant Dhanan Saminath (was the conditions/quality of life and anti-crime Sgt. at the 120 precinct when Eric Garner was killed). Saminath testified that he was contacted by Bannon around 2pm on July 17, 2014 and told that Bannon had “observed activity at Bay St”. He testified that the nearby park had been known for quality of life offenses. Saminath told Daniel Pantaleo and Justin D’Amico to team up to go to the location. He testified he had never mentioned Eric Garner and didn’t know him.
Saminath stated he later heard a call for officer requesting assistance over the radio, and went to the scene. He testified that he saw Eric Garner cuffed and laying on his side and saw his eyes move, saw/heard breathing. (Later, on cross examination, when pressed on this point, he stated that Garner, he stated that Garner appeared to not be conscious. CCRB presented a transcript from a previous interview with the IAB in which Saminath said Eric Garner was conscious.
Saminath said he called for an ambulance and when he spoke to dispatch, he asked if EMS had been called. Dispatch said yes, and Saminath said he told them to note that this was a 2nd request, and that he told dispatch that Garner was having difficulty breathing.
Saminath testified that he asked Pantaleo what happened and that Pantaleo said that Garner was selling cigarettes (which was contradicted as false by multiple witnesses in the trial so far, who all saw Garner breaking up a fight right before officers approached). Saminath asked Justin D’Amico if he had searched Garner. D’Amico said “no” and Saminath told him to search him.
Saminath testified that he texted Bannon later.
In cross-examination from CCRB attorneys Saminath testified that another officer told Saminath that Garner had been having difficulty breathing. Saminath also statend that when he spoke to Pantaleo, Pantaleo claimed that he had grabbed Garner by the shirt (when the reality is that the video shows Pantaleo pulling Garner down by his neck).
Witness #3: Officer Mark Ramos (was assigned to the SI Task Force when Eric Garner was killed; his partner was Craig Furlani) testified that he heard a radio call indicating officer needs assistance, and he and Furlani drove to 220 Bay St (driving the wrong way/opposite traffic on the street). Ramos said he saw Pantaleo jump on Eric Garner’s back. Ramos testified that he was not watching Daniel Pantaleo while he and Furlani were trying to put handcuffs on Garner. He testified that he heard Eric Garner say “I can’t breathe” multiple times before handcuffs were applied, and that he never checked Eric Garner’s vitals. He did not contact internal affairs to register a complaint about any misconduct.
When asked if Eric Garner was being “compliant”, Ramos said “no”. When asked how he knew Garner wasn’t being “compiant”, Ramos said it was because he wasn’t yet handcuffed”
Witness #4: Officer Craig Furlani (Mark Ramos’ partner at the time) testified that when he arrived it seemed that Eric Garner was upset and that when Garner was handcuffed he was “yelling I can’t breathe”. Ramos claimed that the process of handcuffing took long because Garner was resisting arrest. When asked whether Garner might have been attempting to breathe, Furlani repeated that Garner was resisting arrest.
In attendance Day 4
Eric Garner’s mother, Gwen Carr, was joined today by Eric’s sister, Ellisha Flagg Carr and Eric’s cousin, Michael Garner (the President of 100 Black Men). Others showing up to support Ms. Carr both inside and outside 1 Police Plaza included:
- Families whose loved ones were killed by police including: Iris Baez (mother of Anthony Baez), Darlene Armstead (sister of Clifford Glover), Carl Stubbs/VOCAL (father of Clifford Johnson), and Victor Dempsey/Legal Aid Society (brother of Delrawn Small).
- Rev. Herbert Daughtry also joined Ms. Carr again today.
- Organizations that showed up and/or provided off-site support today included the Justice Committee and other Communities United for Police Reform members/partners, incl: Alliance for Quality Education, Brooklyn Movement Center, DSA-NYC, Jews for Racial & Economic Justice, Justice League NYC, Institute for Innovative Prosecution/John Jay College, Legal Aid Society, Make the Road NY, Malcolm X Grassroots Movement, MomsRising, NAACP LDF, National Action Network, Rise Up Kingston (coming all the way from upstate NY), Showing Up for Racial Justice NYC, VOCAL-NY.
Additional Background
* NYPD Commissioner O’Neill’s decision regarding what Pantaleo’s discipline will be (if any discipline) will happen after the disciplinary trial – and could take weeks to months. O’Neill’s decision could be to implement what Deputy Commissioner of Trials Rosemarie Maldonado recommends, or he can make the penalty less or more than recommended. Unless NYS law section 50-a is repealed, the Garner family and the public will never see DCT Maldonado’s findings or recommendations report to Commissioner O’Neill – or have access to the trial transcript or any motions -- unless it is leaked. As has been true with other cases in recent years, even the final discipline decision may be shielded from the public unless it is leaked, because of the NYS police secrecy law, 50-a. This is part of why Eric Garner’s mother and many others are fighting for the repeal of 50-a.
** 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) since 2014, 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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