Statement By Attorney General Eliot Spitzer Regarding The City Of New York's Failure To Cooperate With A Major Civil Rights Investigation

For the past eight weeks my office has sought information from the New York City Police Department regarding its "stop and frisk" procedures. As the office chiefly responsible for enforcing New York’s civil rights laws, we undertook our investigation to determine whether there are systemic problems within the department, and if so, what remedies can be offered to restore the public’s confidence in the department and its officers.

Since I announced my office’s investigation, the City -- including the Mayor, Police Commissioner and Corporation Counsel -- have publicly maintained that they would cooperate and provide all necessary documentation to the Attorney General’s Office.

Every police officer who makes a stop and frisk is required to fill out a simple form documenting and justifying the encounter. This is basic information which is easy to produce and is necessary for us to conduct a fair and thorough investigation.

Now, in a dramatic reversal, the City is refusing to release these forms and other essential documents. In short, the City’s response to our requests has been to delay, defer, and deny.

The public is demanding, and has the right to know, both the policies and the realities of the NYPD’s stop and frisk practices. The City’s refusal to cooperate with our investigation is an affront to every one of its residents. And it certainly invites questions as to why the City does not want this information judged on its merits.

My office is the only entity that is both conducting a comprehensive review focused on the NYPD’s stop and frisk practices, and has the power, resources and obligation to go to court to remedy systemic civil rights violations. The Attorney General’s Office has subpoena power, and we will take all necessary steps to obtain this information from the City.

By shielding the stop and frisk records from review, the Mayor has placed a cloud of suspicion over the entire department, including the vast majority of good cops. The Mayor’s decision unnecessarily stigmatizes the many police officers who do their jobs within the bounds of the law, and makes it more difficult for them to protect and serve the public.

Every police department needs the eyes, ears, and cooperation of its residents to do its job effectively and keep its residents as safe as possible. The City’s refusal to cooperate with our investigation only serves to undermine any efforts to restore the public’s trust and confidence in the NYPD and its officers.

The City’s refusal to cooperate is not only disheartening, but baffling, and impedes the ongoing efforts to heal the wounds of our City."