An 18-month struggle ended successfully on July 17, 2006 when criminal charges were dismissed against three activists involved in exposing police brutality. On the evening of February 9, 2005, Lumumba Akinwole-Bandele, Djibril Toure and Desaw Floyd, all members of the Malcolm X Grassroots Movement, were performing a community “cop-watch” patrol in Bedford-Stuyvesant. “Armed” with a single video camera, the three traveled through the neighborhood visually monitoring arrests as part of MXG’s on-going efforts to prevent and/or document incidents of police abuse in the Black community. Alerted to an arrest taking place on Throop and Greene, Bandele, Toure and Floyd proceeded to the area and began filming.

Almost immediately, Police Officer Thomas Stevens approached. He demanded that the video be turned off and that the three leave the area. Floyd, Bandele and Toure backed up in compliance with Stevens’ directions, but continued focusing the camera on Stevens. Furious, Stevens pushed Floyd to the ground, causing the camera to fall. Other police arrived and violently placed all three in custody Bandele, Toure and Floyd were charged with obstructing governmental administration, assault in the third degree and resisting arrest.
 

Fortunately for the defense, the video cassette was not damaged. Nor was it “lost” by the police. A copy obtained by the defense clearly showed that the three men did nothing wrong. For the next 18 months, the case wound its way through the motion practice and numerous adjournments typical in Criminal Court. July 17, 2006, however, was a “firm” trial date. When the case was finally called, the District Attorney announced that they were again “not ready”.

Then, to the surprise of everyone, the assistant moved to dismiss all charges. Asked by the court to explain, the assistant stated that the complaining witness – Police Officer Stevens – was “uncooperative”. The exasperated Judge stated on the record that he had never heard of a case in which the police refused to cooperate with the DA. Was Stevens afraid of a perjury charge in light of the video? Or was the DA afraid of being accused of knowingly presenting perjured testimony? Whatever the reason, the important thing is that the charges were dismissed.

The three activists remain committed to fighting repression and police brutality. According to Bandele, “we understand that the state will continue to use arrests and the threat of imprisonment as a tactic to discourage further organized efforts of resistance. We must combat police and state terrorism...”. The three were represented by Kamau Karl Franklin, Joan Gibbs and this writer. There are plans for a law suit against the city for their actions.