Brian Lehrer, New York discussed on Brian Lehrer


Brian Lehrer on WNYC the New York state legislators among those that are beginning to act on police reforms that have been stuck in the political mind for a long time the measures rising in Albany right now include a ban on chokeholds by police the repeat of the the repeal I should say of the law known as fifty eight which keeps police officers disciplinary records sealed and more with us now New York State Senate majority leader Andrea Stewart cousins her own district covers much of Westchester senator Stewart cousins always a pleasure welcome back to W. NYC thank you so much Brian it's always good to be with you and and I really appreciate the way you handle all of these topical issues with so many extraordinary gas so thank you for letting me be among them thank you so much and I'll say extraordinary colors which we certainly heard great uncles are absolutely in the last segment let's start with the bill that passed both houses of the legislature yesterday I see call the Eric garner anti chokehold that what would the law DO well this will make it very very clear that choke holds are are not permissible and if you are you know using a chokehold in order to to subdue someone that you you know that you feel is that a suspect and so on it's not acceptable so it's basically clarifying the use of the show cold when they are prohibited as well as criminalizing the you could use it so cold when it results in the death of a person by a police officer so it will now be a class C. felony I which it will give you a minimum of three and a half years and up to fifteen years so I think it's important one of the things that that the what we will be doing in the next three days is really again clarifying in many ways what's acceptable and what is not acceptable in police state police had had the ability in many ways to construct their own rules and they have been able to sort of navigate in their own circle circumstances in the way they feel is right so whether it's the chokehold whether it is repealing fifty a which we will do today whether it is medical attention while it somebody's been in custody whether it's the the the use of weapons reporting so if you're discharging a weapon with you you've hurt someone or not it must be reported so it's it's an oh by the way if someone like that seventeen year old girl that was recording what happened tragically to George Floyd was was maybe in New York and maybe someone didn't appreciate that she was recording it is now clear that the people have a right to record and we are not only doing that but Afghan or state police now to have body cameras so this is really I think trying to create that kind of transparency the track kind of accountability and and just rules that will prevent some of what you know I guess has been confusion at all so I think it will be a step towards trying to regain trust with communities if the specific communities of color tell me more about right to record are there circumstances under current law where if somebody is recording a police encounter that the police have the right to tell them to stop I haven't you know Bedlam I think that is the issue we have seen in a lot of different circumstances where somebody will say oh give me that phone or you know take the phone from her though so what I did there it was silent in terms of what happened so begin this policy which broke again a path fifty ninety three yesterday said that that the bill will this law means that you have an affirmative right to actually record that whatever is happening with police as a stand by I you know this as as a bystander rather so I think people are doing things some people with some some police reacted fine I would you saw what happened with the the torchlight situation means as they seem to be absolutely no concerned at all that this guy was actually killing someone over in the ninth minute minute period and people are recording button here in New York we now are telling you specifically do not bother anybody who is recording you it is not allowed to sell at very least it's an affirmation of what's already somebody's right exactly the United States what about you just talked about the the bystanders I see they're doing this in Minnesota now do you have in the New York State Legislature anything that would make it a crime to not intervene as a police officer if you see a fellow officer committing what appears to be a criminal act as in the case of their children and George Floyd here and now not among the bill that we are passing right now but it is certainly something that that I believe you know you would have faith in human nature that you would not do that but I think it waited we kind of get it back is the the medical attention while in custody so the way it works now I guess you know we see the theme that if somebody is saying I can't breathe either I'm going to you know let die need I need something diabetic or whatever it does not seem that there is any particular attention paid to that so we are getting at that somewhat with what we call the medical attention while in custody battle and you know just this I said to the officer has a responsibility to help the human being who is in distress I'm not saying a minor ailment or whatever but if someone is telling you look on mathematics I'm going into attack I need to be able to to get my medicine you do not have the right to safely with this person problem results in death you do not have the right anymore to just say oh well you know I didn't believe them all well I don't think so you know I I I did so I think we sort of getting it back but you know some of these things and I think all of us would agree some of these things would you would think be human nature you would think people would have a response that would be different from unfortunately a lot of the callousness that we've seen over you know the inferred for communities of color over generations but certainly now the whole whole world is seeing and how many instances so we want to make sure that that bad cop are exposed and flagged and and you know taken away from a position of responsibility that they have to protect and serve it because we want good cop to be able to be good cops and you know one of my police commissioner then an offering with a you know the only thing that allows for bad cop or good cop so we want to make sure that that good cops are allowed to be good that they are doing things that community wants them to do and we need the community you know need for them to go and in the bad cops go away and the other thing of course on the the civilian side we yesterday the nine one one full of reporting bell fellow that Mister Cooper and miss Cooper and and you know this this this calling nine one one because if you see somebody you're uncomfortable with you know a black person a brown person creating emergency I that's not acceptable either that incident in central park two weeks ago and the watcher a white woman called the police on a black man bird watching and asked her to put her dog on a leash as the law requires in the park and she called nine one one instead a black man was threatening her life fifty one five yes we have to talk listeners we can take a few phone calls for the.

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