Judge obtains video of alleged cop punch

Tim Fleischer has the story
October 31, 2013 3:24:36 PM PDT
A judge says an NYPD officer who hit him was not disciplined or charged, so now he's fighting back in court.

The judge says he was trying to calm tensions as a crowd surrounded officers trying to arrest a man.

That's when he says one of the officers turned on him.

That judge, who works here in the Jamaica Courthouse released new video which he claims shows an NYPD officer striking him. It's an incident that occurred more than a year ago but still raises questions.

In the video that judge Thomas Raffaele claims, clearly shows an NYPD officer walking up to the judge and striking him in the throat.

The 36 second clip was given to the judge he says, by a friend who received it from an unknown individual.

Seen in the short video clip is the incident the judge says occurred at this intersection in Jackson Heights in June of last year as police were arresting a man who they claimed was wielding a pipe.

The judge was standing in a crowd of people who then began to complain about the way the suspect was being treated.

Judge Raffaele who did not identify himself as a Supreme Court justice had called 911.

"And I called for backup for the officers because I was concerned things might get out of hand," he said.

As police then tried to move people along, as clearly seen in the video, one officer walks up to the judge, in the white t-shirt, and is seen striking him.

"He turned around and hit me right in the larynx, right in the throat," adds Raffaele.

The judge accuses the officers from the 115 precinct of not identifying the officer who struck him and not filing an incident report.

Several days after the incident, police commissioner Ray Kelly told Eyewitness News.

"That's the allegation. It's a serious allegation, our internal affairs bureau along with CCRB will investigate."

As of Thursday the judge claims he has not seen a report from either one.

"The police department and some of the other city agencies that are supposed to protect the people instead of attacking them has failed," he said.

An email request to the NYPD for information on its findings was not answered.

After the Queens District Attorney's office investigated the incident, it found there was insufficient evidence of criminality to support the charge that the officer acted with intent to injure.

But the judge wants the officer identified and a lawsuit against the city is pending.

"I think it's dangerous for him to still be having a gun and a badge. I think his anger is out of control," adds Raffaele.