NYPD's delay in releasing George Floyd protesters caused by 'a crisis within a crisis': Judge
Lawsuit filed Wednesday sought release of hundreds of protesters held longer than 24 hours
The New York Police Department does not have to prematurely release arrested protesters who have been detained for more than 24 hours, despite a legal advocacy group's bid for hundreds to be freed from jail, a judge has ruled.
A state court sided with the NYPD and its argument that the alleged delay in releasing jailed protesters – some of whom were reportedly held for more than 24 hours – was caused by "a crisis within a crisis,” rather than payback as The Legal Aid Society had accused, according to Law360.
New York Supreme Court Justice James Burke on Thursday ruled in favor of the NYPD’s argument, and said the lag was an effect of “a civil unrest crisis within the overarching Covid-19 crisis,” according to the New York Daily News.
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“It is simply a fact that virtual parts [remote hearings] slow down the pace of arraignments, including but not limited to technical issues," Burke ruled, according to the Daily News.
Police arrest people after curfew on Tuesday, June 2, 2020, in New York. (AP Photo/Wong Maye-E)
Burke also pointed to the NYPD's explanation that "the entire police department has been deployed,” Law360 reported.
Thousands of people have taken to the streets nationwide to protest police brutality in the wake of the death of George Floyd. Floyd, who is black, died on May 25 after a white Minneapolis police officer pressed a knee on his neck.
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On Wednesday, The Legal Aid Society filed a writ of habeas corpus calling for any detainees who had been held for more than 24 hours to be released, according to a previous Law360 report. As of Wednesday afternoon, an estimated 300 people had been held in Manhattan for longer than 24 hours, the outlet reported. The number loomed around 100 people throughout the week, according to Law.com.
A writ of habeas corpus asks the court to examine whether a prisoner is being detained lawfully, according to Cornell Law School’s Legal Information Institute.
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"This flagrant violation of law by the New York City Police Department appears to be designed to retaliate against New Yorkers protesting police brutality," argued Tina Luongo, Legal Aid Society’s attorney-in-charge of the criminal defense practice, according to the earlier Law360 report.
Luongo also noted that "the overwhelming majority” should have been released without bail under the bail reform law instituted this year.
As of Thursday evening, 131 people in Manhattan had been in custody for longer than 24 hours, Law.com reported.
The Associated Press contributed to this report.
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