A federal judge threw out a lawsuit and issued an extraordinary apology to four NYPD cops accused of beating a Brooklyn man after the plaintiff took the witness stand on the first day of a civil trial and admitted that he lied under oath.
Even the lawyer representing Lucas Zelaya in the excessive force suit apologized to each of the officers and shook their hands after the jury had been dismissed.
Zelaya’s case imploded Wednesday under questioning by city lawyer Joseph Gutmann in Brooklyn Federal Court.
Zelaya previously testified in sworn depositions that he had drunk only two beers before the incident; he said Wednesday it was six beers. Zelaya said Wednesday the incident occurred at 11 p.m.; he was arrested at 5 a.m.
Zelaya previously testified that three “white Italian cops and a Hispanic” cop attacked him. None of the officers on trial are Italian and one is a black female.
“Now we are in a real court . . . so I am telling the truth because I don’t want to lie to you . . . now that I am before a jury I want to tell the truth,” Zelaya insisted Wednesday, according to a transcript.
Cops had stopped Zelaya on March 31, 2013, when he was observed drunkenly staggering on a Brownsville street carrying an open bottle of beer.
Zelaya wasn’t carrying ID so he was taken to the 73rd Precinct stationhouse where he allegedly sucker punched a cop who uncuffed him so he could use the bathroom.
Zelaya suffered a broken ankle, but it was unclear how, or when, that occurred.
After Zelaya said he now wanted to tell the truth, Judge Frederic Block sent the jury out of the court and said, “He’s changing his testimony completely. . . in light of the fact that he acknowledged that he lied under oath. . . I don’t think you have much of a case here.”
“Perhaps an apology might be appropriate to these police officers . . . I’ll do it on your behalf,” Block told Zelaya’s lawyer Michael Caliguiri.
“Absolutely,” Caliguiri agreed.
Addressing Capt. Richard Brea and Officers Tardasha Crandell and Arshad Juman, the judge said: “I’m sure you folks are mature enough to understand this is just the way our process works in our great country and you're not going to harbor any resentment toward Mr. Zelaya or anybody else.
“I’m a professional also and we have to always be mindful of that and not take umbrage because your time has been imposed upon here inappropriately and I hope that my comments to you would embolden you to continue with your excellent work as police officers and it’s a tough job, we know that.”
Caliguiri did not return a call seeking comment.
Patricia Miller, chief of the Law Department's federal litigation division, said the city was pleased with the outcome.
“We will continue to challenge frivolous cases to protect the city’s interests and the reputations and careers of police officers,” Miller said.
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Even the lawyer representing Lucas Zelaya in the excessive force suit apologized to each of the officers and shook their hands after the jury had been dismissed.
Zelaya’s case imploded Wednesday under questioning by city lawyer Joseph Gutmann in Brooklyn Federal Court.
Zelaya previously testified in sworn depositions that he had drunk only two beers before the incident; he said Wednesday it was six beers. Zelaya said Wednesday the incident occurred at 11 p.m.; he was arrested at 5 a.m.
Zelaya previously testified that three “white Italian cops and a Hispanic” cop attacked him. None of the officers on trial are Italian and one is a black female.
“Now we are in a real court . . . so I am telling the truth because I don’t want to lie to you . . . now that I am before a jury I want to tell the truth,” Zelaya insisted Wednesday, according to a transcript.
Cops had stopped Zelaya on March 31, 2013, when he was observed drunkenly staggering on a Brownsville street carrying an open bottle of beer.
Zelaya wasn’t carrying ID so he was taken to the 73rd Precinct stationhouse where he allegedly sucker punched a cop who uncuffed him so he could use the bathroom.
Zelaya suffered a broken ankle, but it was unclear how, or when, that occurred.
After Zelaya said he now wanted to tell the truth, Judge Frederic Block sent the jury out of the court and said, “He’s changing his testimony completely. . . in light of the fact that he acknowledged that he lied under oath. . . I don’t think you have much of a case here.”
“Perhaps an apology might be appropriate to these police officers . . . I’ll do it on your behalf,” Block told Zelaya’s lawyer Michael Caliguiri.
“Absolutely,” Caliguiri agreed.
Addressing Capt. Richard Brea and Officers Tardasha Crandell and Arshad Juman, the judge said: “I’m sure you folks are mature enough to understand this is just the way our process works in our great country and you're not going to harbor any resentment toward Mr. Zelaya or anybody else.
“I’m a professional also and we have to always be mindful of that and not take umbrage because your time has been imposed upon here inappropriately and I hope that my comments to you would embolden you to continue with your excellent work as police officers and it’s a tough job, we know that.”
Caliguiri did not return a call seeking comment.
Patricia Miller, chief of the Law Department's federal litigation division, said the city was pleased with the outcome.
“We will continue to challenge frivolous cases to protect the city’s interests and the reputations and careers of police officers,” Miller said.
read more
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