Jan 17, 2007 5:47 am US/Eastern
CBS 2 Exclusive: E-Mail Lit Fire Under Yonkers PD
Anonymous Note Gets Police To Look Into Alleged Beating
by Pablo Guzmán
YONKERS (CBS) ―
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Naima Yancey claims she was beaten by a Yonkers police officer after receiving a ticket on Jan. 5.
CBS
Following Monday's CBS 2 exclusive report on a woman's claim that a police officer beat her after giving her a ticket on Jan. 5, a few things began to develop Tuesday as cops tried to figure out what did -- and did not -- happen.
Naima Yancey, 24, claims a police officer who had just given her a ticket two Fridays ago for passing through a stop sign near her home, followed her into the house and beat her -- charges reinforced by disturbing pictures of the bruises she said she received.
First, when CBS 2 learned that Yonkers Internal Affairs detectives had asked the families of the young woman and the boyfriend arrested with her to speak with them last Friday, we were curious. Since no one had complained about the alleged beating to the police, what triggered Internal Affairs? They do not just show up.
On Tuesday, the answer came. Someone, according to Yonkers police, had sent an anonymous e-mail to the department's web site, four days after the incident.
Which of course launched the follow-up question: who sent it? The family said they didn't do it. It might've been a neighbor, except what's alleged to happen took place mostly in the garage and a basement hallway. Even when other police arrived to back up the officer at the center of this, Darren Moran, neighbors were not gathering outside. Might the tipster have been a fellow cop?
Another development Tuesday came in the form of the words of Yonkers' new Police Commissioner, Edmund Hartnett, who has only been on the job for 2 1/2 months. Before that, Hartnett had spent 27 years with the NYPD.
"I have told my new commander for Internal Affairs we will track down and investigate every allegation against one of our officers," Hartnett said. "But I have also told my officers: if you are found innocent, we want you to be able to resume your careers."
The commissioner said there is a problem: "Our investigators were told by lawyers for the two people arrested, they will not allow them to be questioned, until the criminal charges are dropped."
He can't promise this, obviously, because it could set a bad precedent.
But before you wonder why the lawyers would advise this, consider this: Even if all parties act in good faith, and the questioning and the answers are fair all around a prosecutor could later subpoena the testimony and take a minor detail the young lady said; say it's not what she told a grand jury; and twist everything around. If you were in this situation, your lawyer would tell you not to speak.
Second, what really concerns Nancy Yancey, Naima's mother, who is also a witness who claims she saw Officer Moran twist her daughter's hands while handcuffed until she screamed in pain, is that one of the rash of charges Moran put on her daughter (for example, resisting arrest and obstructing governmental administration) includes assaulting an officer. And that's a felony. If a felony stays on her record, it could impede her chance of becoming a teacher, which is what the King College graduate is working towards.
"Frankly, this investigation is stymied," Commissioner Hartnett told CBS 2. "We would like to speak with the people who say this happened."
When asked whether the bruises the young lady received are disturbing, Hartnett switched the focus.
"I am disturbed by any allegation against our officers," he said.
"I'd like to walk you through a timeline, as best as I can reconstruct at this time, without having talked to the principals, but based on a reading of the paperwork in this case," Hartnett added. "The officer says he wrote her a ticket for going through the stop sign. She also got a ticket for not having a license."
Naima Yancey told her side to CBS 2 on Monday.
"I tried telling the officer that I was a bit stressed: I was out looking for my 16-year-old foster sister," Naima said. "I tried explaining about the license. I said I live right here, I drive through here all the time. I know about the stop sign. I didn't think I went through it."
Other sources closer to the officer's side of this claim Naima became "verbally abusive."
"The officer states he observes the young woman driving away at a high rate of speed, and follows," Hartnett said. "He observes her going through more stop signs. He follows her back to her house, back to the driveway, and ultimately, is forced to make an arrest. The officer notes he had to use force to restrain her. Two of the other officers he called in as backup also had to restrain her."
But why does he going into the house? The law is clear: only if an officer believes there are "exigent circumstances," that is, an obvious element like seeing someone has a gun, or is a felon on the run, or something along those lines, can an officer arrest someone in their home without a warrant.
"There is also 'hot pursuit'" Hartnett started to say, only to stop because he's aware that that cannot yet be proven without getting statements from everybody.
Commissioner Hartnett concedes not only have his investigators not talked to Naima, boyfriend Cecil Jenkins or the victim's mother; they also have not spoken to Officer Moran. Or the other officers called in as backup.
"And about that call for backup," says defense lawyer Ricardo Aguirre, a 20-year veteran of the NYPD, "our contention is that he made that call after Cecil comes down the stairs to see what's going on. After he's well inside that house, and he's already begun to hurt her. We believe he didn't know anyone was home, and he calls to cover his a__. He just lost it. He had no business in that house. This was no 'hot pursuit.' Over a traffic ticket?"
Another defense lawyer offered another opinion.
"Even if words were exchanged when she got the first ticket," the lawyer said. "Does that justify what happened? They can spin this all they want. Look at those pictures. When he goes into that house, he crosses the line. When he hits her, he really crosses the line."
I said someone close to the officer said when he follows her after the first ticket, he tries to get her to stop, but she keeps driving.
"Bull," the lawyer said. "Spin. He never tells her to stop. She knows he's following, but there's no sirens and lights, no announcement over the speaker, no pulling up alongside, and signaling 'pull over.'"
Indeed, Naima had said Monday she saw the officer in her rearview as she kept making turns back to her house.
"She was scared. She was trying to get back home, away from this guy," the lawyer said. "But he never signaled for her to stop."
"I was just trying to get home," Naima said Monday, "to call my mother."
Between the time she got the first ticket, to the time she got the bruises and was placed under arrest -- something happened. When -- how -- will we know the truth?
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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