Reminds me of my former crack-head “super” who stole stuff out of everyone’s apartments and nearly burned our building down on several occasions while doing drugs in the basement who had the police arrest and jail one of my neighbors on some made up assault charges just because he didn’t like him.  You really can just have anyone arrested at any time for any made-up reason?  Insane.

Sorry for your ordeal.

First of all, thanks for all the support and good advice. I’ve learned a hard lesson not to trust the police and to volunteer absolutely nothing. 

Anyway here are a few highlights:

1. At the first court appearance, the “victim’s” original complaint was read and was recorded as having been made by a Miss Robinson – the owner of the vehicle in the incident. In actual fact a bearded fellow in a Yankees sweatshirt was actually driving the car and present nearby later when I was arrested. My attorney immediately noted that – although I wish he had commented on it to the ADA and challenged it. However the ADA had not yet secured a formal statement – or been able to contact with the driver or even the mystery Miss Robinson.

2. At the 2nd and 3rd court appearance, the ADA had still not been unable to get a statement from the “victim”. Time was running out for securing the formal statement but meanwhile it was costing me time, money, distress and anxiety. 

3. At the 4th court appearance – more time and legal expenses, finally a semi-coherent statement from a Mr. Robinson claiming I hit and spat on his car (the spitting was a new complaint). Short and sweet. The ADA offered an Adjournment in Contemplation of Dismissal and instructed me to pay up to $500 in damages upon presentation of proof of repair by the “victim”.

4. A few months later I reappeared at court – for the 5th time!! However at this point, my attorney told me it was a formality so he didn’t accompany me. I went to the court clerk as instructed but was told that no proof of repair had yet been presented, so had to return again in a few months!!

5. At this point, I insist on seeing the ADA without my attorney and talking to the judge herself. I was directed to a court and waited a few hours to be called – just before lunch. At first I was faulted for not having an attorney present but was allowed to make a statement. 

I listed the numerous court appearances, a little of the original non-event, the inconsistent “victim’s” statements/sex in the original complaint and statement when it was finally secured – on the last possible day or admissibility, now the repeated failure of the car’s owner to deliver any physical proof of the alleged damage in the form of an invoice for repair in 1 year!! All the while I had appeared at the courthouse as required 5 times to date – taking time from work and at considerable legal expense.

I made my statement carefully and calmly – having ranted about it so much to friends, it was honed down to the honest bare bones.

The judge listened, instructed the ADA to look into the matter and then adjourned the court for lunch.

I returned after the interval and was immediately called before the judge. She asked the ADA what he had managed to find out and he reported the following:

The driver of the vehicle was known to the police and had a very long record. He was considered a person of very low standing and a menace in the community. Moreover at the time of the incident he had had numerous suspended licenses – and had only regained one shortly prior to his complaint. The ADA further stated that his office had had great difficulty contacting him and finally secured a formal statement when the police were interviewing him in regards to another matter. The ADA noted that the original complaint was made by his wife – the owner of the vehicle, although his office did not believe she was present at the time of the incident and she had refused to make any further statement or even talk to the DA’s office. Inasmuch, the ADA stated that both the DA’s office considered both the driver and his formal statement were very unreliable. Moreover, subsequently, his office had not been able to contact this person again.

It was a very damning admission of overreach and petty vindictiveness by the DA’s office in the year prior to this complete climbdown, as well as an indictment of either the incompetence, stupidity or corruption of the police – or very likely all of the above. They knew the driver and knew he had a long criminal record.  

The judge rescinded the ACD and instead completely dismissed the case and ordered it sealed. Moreover she addressed me directly and made a complete apology for the time, trouble, distress and expense I had suffered in regards to a case wholly without merit. It may sound a bit foolish, but that sincere apology made an enormous difference to me. She also instructed the ADA to look into the circumstances behind his office’s handling of the matter to see whether it merited further investigation – I took this as a rebuke to them.

Lastly, when my attorney sent me the their last bill, I took them to task for “running the clock out” and not taking a more aggressive approach especially after the inconsistency of the initial complaint came to light at the first arraignment. I didn’t pay the bill and they didn’t pursue it further. I believe they acted in good faith but played the game, perhaps even making a series of errors by not confronting the DA’s office over the technical error of the arresting statement compounded by their inability to contact the “victim” and secure a formal complaint – and when they finally did, question it’s inconsistency and unreliability. 

Everyone can draw their own conclusions – although in my experience, the most negative views of the cops and the DA’s office can’t be contemptuous enough.

> But not immediately reporting the altercation to the police is exactly what got Beekman into trouble.

Dude incriminated himself by telling the police he touched the car. When asked whether he touched the car, he should’ve asked, “am I being detained?”, and followed a negative with “so I am free to go?”

http://video.google.com/videoplay?docid=-4097602514885833865#

> But not immediately reporting the altercation to the police is exactly what got Beekman into trouble.

Dude incriminated himself by telling the police he touched the car. When asked whether he touched the car, he should’ve asked, “am I being detained?”, and followed a negative with “so I am free to go?”

http://video.google.com/videoplay?docid=-4097602514885833865#

> But not immediately reporting the altercation to the police is exactly what got Beekman into trouble.

Dude incriminated himself by telling the police he touched the car. When asked whether he touched the car, he should’ve asked, “am I being detained?”, and followed a negative with “so I am free to go?”

http://video.google.com/videoplay?docid=-4097602514885833865#

> But not immediately reporting the altercation to the police is exactly what got Beekman into trouble.

Dude incriminated himself by telling the police he touched the car. When asked whether he touched the car, he should’ve asked, “am I being detained?”, and followed a negative with “so I am free to go?”

http://video.google.com/videoplay?docid=-4097602514885833865#

We just have to keep doing what we have to do: look out for your personal safety, for your fellow cyclists and do your best to retain Zen-like calm.

I’ll quote Patrick Swayze instructing his bouncers in ROAD HOUSE: “All you have to do is follow three simple rules. One, never underestimate your opponent. Expect the unexpected. Two, take it outside. Never start anything inside the bar unless it’s absolutely necessary. And three, be nice. I want you to be nice…until it’s time to not be nice.”

I had 3 incidents like this in the last month or so. Things seem to be getting worse. I was just jogging on the side of the road and in each case, a motorist nearly took me out by running stop signs (and they saw me). I yelled stop! They stopped to berate me, getting out of the cars and trying to intimidate me, and one sicced his Doberman on me. I did nothing further to provoke them.

I once got arrested at 72nd and Broadway. I had been pulled over for something minor (I think accidentally crossing a bus lane I didn’t know was there). 6 months before I’d gotten a small $40 ticket and thought I paid it. Apparently I hadn’t, the city didn’t send me a reminder and the DMV suspended my license and I didn’t know it. I was cuffed, taken to a precinct and spent the next 6 hours there. I received a Desk Appearance Ticket like the man in this story. I had to hire an attorney and show up in court.

I met my lawyer at the courthouse (we spoke once on the phone previously) and after 2 minutes in front of a judge and an asst. DA, I left after paying NYC $50.

All told, this ordeal took about 4 hours of two street cops, 4 hours from a desk cop, time from a judge and time from an asst district attorney. And all the city got was $50. But they lawyer? He got about $1000 for about 15 minutes of work.

they work for us.

if i can’t do my job, i get fired. if cops don’t do their jobs, they get called heroes.