EXCERPTS FROM DEPOSITIONS OF NYPD PERSONNEL QUESTIONED ON THE LACK OF TRAINING OR POLICIES IN PLACE ON HOW TO TREAT CYCLISTS AS A LEGITIMATE FORM OF TRANSPORTATION AS THEY DO WITH MOTORISTS
These selections of the depositions, taken after Patrick Pogan bodyslammed Christopher Long, point out a lack of training or policies put in place even after countless cases of inexcusable behavior by Patrick Pogan and other NYPD officers toward cyclists on group rides.
COMMISSIONER RAYMOND KELLY, 2/17/2009, pages 132-133
Q. Do you know whether NYPD officers receive any specific training or instructions regarding the save manner in which to bring a moving bicyclists to a stop?
A. I am not certain.
Q. Do you believe that NYPD officers receive training with respect to how to bring the occupant of a motor vehicle to a stop?
Q. Are you aware of any steps taken by NYPD to develop techniques or instructions for officers on how to safely make a traffic stop on a bicyclist?
A. No, I am not.
CHIEF OF TRANSPORTATION JAMES TULLER, 3/11/2009, pages 177 – 178 & 180-181
Q. If an officer observes a bicyclist commit a violation of law and the officer decides he or she wants to take some sort of action, is there a procedure the officer should use to stop of bicyclist from proceeding?
A. Yeah, I’m not aware of any procedures that we have for bikes. There may be, but I’m not aware of it.
Q. Has NYPD done anything to communicate to its officers that traffic stops on bicyclists should not be made by knocking them over?
A. Has NYPD? Not that I am aware
Q. So were there any specific steps taken following the incident involving Officer Pogan to confirm the NYPD preference for using verbal commands or gestures to stop bicyclists in the first instance?
A. Not that I am aware of, no.
FORMER CHIEF OF TRANSPORTATION MICHAEL SCAGNELLI (retired 5/2009), 1/22/2009, page 95
Q. Do you know if officers within the Transportation Bureau have received training on the proper way to detain a cyclist who is still mounted on his bike?
A. I don’t know.
ASSISTANT CHIEF STEPHEN PARAGALLO, 1/7/2009, page 344
Q. Is there any formal training that is given to NYPD officers concerning how to effect a detainer of a bicyclist?
OFFICER KENNETH WAGNER (officer regularly assigned to Critical Mass detail), 10/7/2008, pages 212 – 213
Q. Can you recall receiving any training specifically with respect to the management of bicyclists while operating on scooters?
A. No training specifically that I recall.
Q. Do you recall whether there are any written materials that you ever received that set forth the procedures NYPD scooter mounted officers should use in managing bicyclists?
A. Nothing that I have ever seen.
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