Excerpt from Critical Mass Lawsuit Claimant

Barbara Ross arrested Feb 2005 rideExcerpts from Critical Mass Lawsuit Claimant:

FEBRUARY 2005 ARRESTS:

Pages 58-59

There were approximately five police vans trailing a maximum of eighty cyclists at approximately 32nd Street and Broadway. At approximately 26th Street and Broadway, defendant Turco and other NYPD officers under his command, remained hidden behind a building waiting to ambush the cyclists. As the cyclists approached 26th Street… the scooter squadron under defendant Turco’s command came up Broadway going the wrong way in the bicycle lane and aiming into the bicyclists. NYPD officers subsequently arrested eight people on the corner of 26th and Broadway, including plainpngs Christopher Bland, Tomas Melchor, Barbara Ross, Christopher Ryan, Lisa Shalom, and Sara Stout.

MARCH 2005 ARRESTS:

Pages 62-63

Orange Netting used to trap cyclists photo by Fred AskewBicyclists who proceeded west on 17th Street to 5th Avenue were captured stopped at the red light on videotape taken by a plainclothes or undercover NYPD officer who had been pre-positioned at the intersection. Blocking all of 5th Avenue to the north and south of its intersection with 17th Street were multiple sets of orange mesh nets stretched across the street. Those who proceeded west on 17th Street on their bicycles were met with other lines of nets on 17th Street between 5th and 6th Avenues. Along with any people who were walking with, or attempting to lock or unlock, bicycles in the enmeshed area, they were arrested and corralled under scaffolding on the south side of the sidewalk at the intersection of 17th Street and 6th Avenues. NYPD officers with cordless chainsaws shortly arrived and began to saw the locks off of NYPD stealing bikes by Fred Askewany and all bicycles that were locked up in the enmeshed area. Bicycle owners in the area were given the choice of proving ownership of their bicycles and receiving a summons for violating NYCAC § 16-122 or watching as the NYPD sawed the locks off their bicycles.

APRIL 2005 ARRESTS:

Pages 70-72

On or before April 29, 2005, defendants Kelly, Smolka, Graham…and/or other unidentified NYPD supervisors acting under their orders and supervision planned to utilize plainclothes and/or other officers to infiltrate groups of Truck transporting bikes taken on ride by NYPD by Fred Askewpotential participants in the April 29, 2005 Critical Mass bicycle ride and to conduct overt and covert video, audio, and other surveillance of their activities, including their constitutionally protected activities. At approximately 5:26 PM, a group of approximately 50 NYPD officers gathered at Union Square East and 15th Street to receive their orders from defendant Hughes. Defendant Hughes instructed officers to “take three violators”, stating: “You go down to the D.A.: ‘I saw three bicycles in the street. They didn’t have a permit.’ The Capt. Hughes is telling him, telling you now, they don’t have a permit, . . . So now we have probable cause. . . . You gotta make at least three collars, alright. Scooter Parade to follow riders by Fred AskewThat’s it. That’s the maximum. Alright. That’s from me.” …Approximately 35 people were arrested later that night at locations throughout the City. Also among those arrested were “SUE” and at least approximately two other NYPD officers, who, under defendant McCabe’s direct supervision, pretended to be arrested, were loaded onto a police wagon, and were subsequently released to continue engaging in their assigned surveillance and infiltration activities.

Pages 72- 73

On April 29, 2005, at approximately 7:35 PM, vicinity of Union Square, southeast Riders leaving Union Sq Pk by Fred Askewcorner…defendant Smolka (former NYPD Assistant Chief)…, defendant Smolka grabbed plainpng Koslowski, a small woman, by the back of her jacket, lifting 9her off her feet in order to remove her from her bicycle (video of incident below and photo right by Antrim Caskey), and ordered Lisa Riddick and other unidentified NYPD officers to detain and arrest Koslowski and seize her bicycle, all of which they did without any probable cause, privilege, or consent. Plainpng Koslowski was in NYPD custody for approximately 16 hours.

JUNE 2005 ARREST

Page 98

Ex-Asst Chief Smoka yanking woman off her bike, photo by Antrim CaskeyOn June 24, 2005, at approximately 8:30 PM, plainpng Meg Younger was lawfully present in the Upper East Side. Defendant Donald Gessnor and other unidentified NYPD officers grabbed Younger while she was riding, taking her by surprise and causing her bicycle to fall. Defendants then detained and arrested Younger and seized her bicycle without any probable cause, privilege or consent.

JULY 2005 ARREST

Pages 102-103

On July 29, 2005, at approximately 8:00 PM, plainpng Sharon Blythe was lawfully present in the vicinity of 14th Street and 7th Ave. At aforesaid time and place, two police SUVs and several motor scooters rode against oncoming traffic toward Plainpng Blythe who was holding her bicycle. Plainpng Blythe informed the officer she was pregnant. Without warning, Wallace pushed Blythe’s bicycle to the ground, causing Blythe to fall. Defendant Marc Richardson and defendant “Fnu” Wallance then arrested Blythe and seized her bicycle. Defendant Marc Richardson, and other unidentified NYPD officers deliberately handcuffed plainpng Blythe too tightly and kept plainpng handcuffed for an excessive period of time, causing plainpng pain and injury. While handcuffed and in a very hot police van, Blythe fell off the bench and hit her head. Plainpng Blythe was in NYPD custody for approximately ten hours.

Story HERE in the The Villager

JULY 2005 ARREST

Page 111

On July 29, 2005, at approximately 8:45 PM, plainpng Alexander Appel was lawfully present in the vicinity of 33rd Street and 2nd Ave. Plainpng Appel was standing filming defendant Hughes as he made an arrest when defendant Hughes ordered an unidentified NYPD officer to "grab that guy with the camera." Plainpng Appel was then shoved from behind and the camera was knocked from his hand. He was then pulled across street and handcuffed.

NYPD Captain Hughes was recently caught again instructing another officer to issue a summons to a videographer legally documenting police harassment.

Video of Ex-Assistant Chief Bruce Smolka grabbing Lisa Koslowski by the back of her jacket, lifting her off her feet in order to remove her from her bicycle on April 2005 ride.