LIU: SETTLE 'CENTRAL PARK FIVE' CASE NOW

 Recent Court Order on Discovery Narrows Window for Settlement

Comptroller John C. Liu is urging the Mayor to instruct the New York City Law Department to negotiate promptly an appropriate settlement to the “Central Park Five” lawsuit, after lawyers for the five unjustly imprisoned men clearly expressed a willingness to engage in meaningful settlement discussions and a federal court set a deadline on discovery for the case, a significant development on the part of the court.

“The Law Department’s stance of refusing to explore a fair and just settlement of this lawsuit is imprudent,” Comptroller Liu wrote in a March 25 letter to Mayor Bloomberg. “I urge you to exercise your executive authority to assist in closing this terrible chapter in our City’s history, so that New Yorkers can finally put an end to the painful ‘Central Park Five’ saga.”

Pointing to flaws in the prosecution of the Five identified in 2002 by then-District Attorney Robert Morgenthau, Liu threw the risks of the City’s refusal to negotiate into sharp relief.

“The disturbing facts associated with this case raise the risk that at a civil trial of the Central Park Five’s claims, a jury may be persuaded that the NYPD or DA violated standards in investigating and prosecuting the Central Park Five,” he wrote. “Such a jury outcome could be very costly to the City.”

Under the City Charter, the Comptroller’s office approves all settlements for the City. Liu earlier this year warned that prolonging the case risks exposing the City to mounting legal costs, and he has continued to urge both sides to come to the table as soon as possible, even offering his boardroom as a venue for the discussions. His renewed call comes in light of a recent court order directing that fact discovery in the case be completed by early June (see attachment) and a letter from lawyers for the Central Park Five accepting his offer (see attachment).

Text of Comptroller Liu’s Letter to Mayor Bloomberg, March 25, 2013:

Dear Mayor Bloomberg,

I urge you to direct the New York City Law Department to negotiate promptly an appropriate settlement of the federal lawsuit brought by the ‘Central Park Five.’ 

More than ten years have passed since the Manhattan District Attorney’s Office (DA) advised New York State Supreme Court Justice Charles J. Tejada, in great detail and under penalty of perjury, that had newly available evidence “been received at trial, the verdict would have been more favorable to defendant[s].”  The DA also informed the Court that the many gaps and flaws in the defendants’ confessions “should have been apparent at time of trial” and that the career rapist and robber who later confessed to the attack had also admitted attacking many young women in and near Central Park in the months before the attack, including a rape and robbery in the Park just two days beforehand. 

The Court, perhaps in response to the growing outcry from countless New Yorkers outraged that this case remains unresolved after so many years, has now ordered the parties to complete all discovery in the case, which has dragged on for a decade, by the beginning of June. We believe this is a very significant development.

As the trial of this case inevitably draws closer, litigation experience clearly demonstrates that now is an appropriate time for both parties to negotiate in earnest. Prolonging the discovery process further only serves to increase the risk that City taxpayers will ultimately bear responsibility for significant attorneys’ fees incurred by plaintiffs. 

Moreover, the disturbing facts associated with this case raise the risk that at a civil trial of the Central Park Five’s claims, a jury may be persuaded that the NYPD or DA violated standards in investigating and prosecuting the Central Park Five. Such a jury outcome could be very costly to the City.

The Law Department’s stance of refusing to explore a fair and just settlement of this lawsuit is imprudent.  As indicated in the attached letter from plaintiffs’ counsel, plaintiffs have been and remain ready to engage in meaningful settlement discussions.  It is in the City’s best interest to engage in these discussions.

My office has the legal expertise and for decades has worked with the Law Department to negotiate fair settlements in many complex and high profile litigations, and I am confident that we can do so here.  A news report in the New York Times last month about the Law Department’s initiative to decide which police and federal civil rights cases should be “no pay” also points to the risk of that strategy ultimately costing the City more money.  In this case, that risk is significant. 

As I have said before, the young men who were wrongly imprisoned for this crime may not have been angels.  However, basic fairness in light of the facts of this case, and the need to protect the City against a possibly costly trial outcome, all support a serious effort to settle this matter. 

This troubling case has spanned the administrations of three of your predecessors. In the last year of your third term as Mayor, I urge you to exercise your executive authority to assist in closing this terrible chapter in our City’s history, so that New Yorkers can finally put an end to the painful ‘Central Park Five’ saga.

Sincerely,

John C. Liu

Background:

Liu: Time to Bring Closure to Tragic and Costly ‘Central Park Five’ Case, Jan. 4, 2013: http://www.comptroller.nyc.gov/press/2013_releases/pr13-01-002.shtm

Attachments:

Comptroller Liu’s letter to Mayor Bloomberg: http://www.comptroller.nyc.gov/press/pdfs/Letter-to-MRB.pdf

Court Order: http://www.comptroller.nyc.gov/press/pdfs/CP5-Court-Order.pdf

Letter from Plaintiffs’ Attorneys: http://www.comptroller.nyc.gov/press/pdfs/CP5-Plaintiffs-Letter.pdf

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DOT TAKES SLOW LANE ON BRIDGE REPAIRS

Audit Finds Repairs Not Completed in Required Timeframes
   

   Comptroller John C. Liu said today that an audit of the New York City Department of Transportation’s response to defects in City bridges found the agency was slow to repair serious structural defects.“The City’s bridges are a vital part of our transportation infrastructure and the public deserves bridges that are being maintained in the best possible manner,” Comptroller Liu said.  “The DOT needs to do more to streamline its response to ensure the integrity and safety of our bridges.”

The agency classifies bridge defects into three categories:

•       A “Red Flag” describes a failure or potential failure of a primary structural component. Red flags are to be remediated within six weeks after notification, although action may be deferred if a professional engineer certifies that the bridge is safe.

•       A “Yellow Flag” describes a potentially hazardous structural conditional that, if not corrected, could present a danger before the next two-year inspection. Yellow flags do not have a specific timeframe for remediation.

•       A “Safety Flag” describes a condition that presents a danger to cars or people. Safety flags do not have a specific timeframe for remediation.

•       Prompt Interim Action is a designation that can be applied to a Red Flag or a Safety Flag that requires attention within 24 hours.

In 2009-2010, 229 bridge defects or flags were identified that were the responsibility of DOT.  Of these, 112 were designated for Prompt Interim Actions and a 24-hour response. The agency handled all but one of these appropriately.

However, there were 122 Red Flag defects, the majority of which were delayed past their timeframe for remediation.  Of these 122 serious structural defects, 71 (58%) were not fixed on time.[1] In none of these cases was there any indication that the flag conditions were being monitored to ensure that the conditions did not worsen.

Among these 122 Red Flags were five that had initially been designated less serious or Yellow but that without repairs had worsened over time. Four of these flags were at the Brooklyn Bridge and were originally flagged yellow by the State Transportation Department in May 2008.  They remained open and unrepaired as of February 2012.  The fifth red flag that had deteriorated from yellow was located at the Manhattan Bridge and was originally flagged yellow in November 2008. It was closed on February 8, 2012, according to DOT.

The four unrepaired Red Flags on the Brooklyn Bridge were among 13 that had yet to be remediated as of February 2012.  Of these 13, the DOT stated that 10 (nine on the Brooklyn Bridge, one on the Manhattan
Bridge) were assigned to capital contracts and will be repaired based on contract schedules.  These 10 flags were reported between May and November 2010 and are roughly two years old.  Another two outstanding
Red Flags on the Belt Parkway in Bay Ridge were routed to the agency’s in-house Bridge Repair department and one unrepaired flag on a Henry Hudson Parkway ramp was assigned for repairs to outside contractors.

Recommendations
The audit made 17 recommendations to improve the DOT’s response to bridge defects. The agency agreed with eight recommendations, disagreed with six recommendations, and contended that three recommendations were already implemented.

Comptroller Liu credited Deputy Comptroller for Audits Tina Kim and the Audit Bureau for their hard work on the report, which can be found here: http://comptroller.nyc.gov/bureaus/audit/audits_2012/6-5-12_7E11-128A.shtm

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