NEW ROCHELLE, NY — It is difficult to understand why the New Rochelle Police Department saw fit to release a highly unusual press statement about severe disciplinary action against a member of the department and yet has stonewalled (and repeatedly lied) about our numerous requests for the same information for the white police officer who shot and killed a young black man last June.
UPDATE: Police Unions Lose Bid to Keep Disciplinary Records a Secret
On June 12, 2020, Governor Andrew Cuomo repealed 50-a, and exemption under which police disciplinary records were exempt from FOIL. Moments later Talk of the Sound filed a Freedom of Information requests for the disciplinary records for New Rochelle Police Officer Alec McKenna who shot and killed Kamal Flowers on June 5, 2020.
From: Robert Cox <robertcox@talkofthesound.com>
Date: Jun 12, 2020, 2:31 PM -0400
To: George Rosenbergen <grosenbergen@newrochelleny.com>
Subject: FOIL: Alec McKenna
This is a public records request.
In light of the repeal of 50-a:
Cuomo signs historic 50-a repeal bill, making N.Y. police disciplinary records public after decades of secrecy
https://www.nydailynews.com/news/politics/ny-cuomo-police-reform-disciplinary-records-20200612-5zryohkuwjew7ksjowhtswmsk4-story.html
I would like to obtain the following records:
All disciplinary records for police officer Alec McKenna.
Robert Cox
Talk of the Sound
Publisher
Coming days after the death of George Floyd and massive protests around the country against police brutality, including a large rally at New Rochelle City Hall on June 3rd, the death of Flowers, a 24-year old black man, at the hands of a white police officer set the City of New Rochelle on edge.
At a press conference the morning after the shooting, Mayor Noam Bramson and Police Commissioner Joe Schaller repeatedly lied about the events leading up the shooting.
CCTV video released days further undermined the official account from Bramson and Schaller.
READ: Why Was Kamal Flowers in a Traffic Stop Before He Was Shot and Killed by New Rochelle Police?
Police records subsequently obtained by Talk of the Sound flatly contracted statements by Bramson and Schaller.
The false narrative fed to the press and public had never been corrected despite repeated requests.
From: Robert Cox <robertcox@talkofthesound.com>
Date: Jul 21, 2020, 10:26 AM -0400
To: Bramson, Noam <nbramson@newrochelleny.com>
Subject: Re: Press Conference on June 6 RE: Kamal Flowers
Noam
Here is the article.
NRPD Police Commissioner Flat Out Lied to Paint False Narrative to Justify Killing of Black New Rochelle Man
https://talkofthesound.com/2020/07/20/nrpd-police-commissioner-flat-out-lied-to-paint-false-narrative-to-justify-killing-of-black-new-rochelle-man/
I think it is fair to say that you gathered together many members of the Black Clergy along with City Council members on 6/6 to present a unified front then used them to actively present a false narrative to justify a questionable traffic stop. I would like to think you were unaware that Schaller was lying but it is up to you to address that.
Do you stand by the numerous false statements you made on 6/6 as noted in the above article — or not?
Now that you are aware of police records from 6/3 that show NRPD had the license plate number and knew or could easily have known who leased the Black Dodge Charger do you wish to revise your statements on 6/6?
Given the false statements and false narrative presented by Schaller, do you retain confidence in his ability to lead NRPD?
Thanks
Robert Cox
Publisher and Managing Editor
Talk of the Sound
Here is the Mayor’s reply.
From: Bramson, Noam <nbramson@newrochelleny.com>
Date: Jul 21, 2020, 11:04 AM -0400
To: Robert Cox <robertcox@talkofthesound.com>
Subject: Re: Press Conference on June 6 RE: Kamal Flowers
Bob,
Every statement I have made with regard to this incident has truthfully and accurately reflected the information provided to me at the time — while recognizing, as I noted at the beginning of the June 6th press conference, that our understanding of the facts can change as reviews and investigations proceed. I refer you to Chuck and the PD for any further comment on your article.
Noam
In other words, “Joe made me do it”.
Now back to the FOIL issue.
After repeatedly stating the McKenna records were ready for delivery, City officials delayed production for a week and then, moments before the records were to be produced at a meeting at City Hall on July 16, the City abruptly refused to turn over the records, a clear violation of state law.
From: Strome, Chuck
Sent: Thursday, July 16, 2020 12:21 PM
To: Robert Cox
Subject: FW: FOIL update
Bob:
Regarding your FOIL request:
As you may know, a temporary restraining order has been granted in New York City that bars the release of disciplinary records of police officers. This was granted yesterday. The suit has now been removed to the Southern District of New York Federal Court, which, as you know, includes Westchester County. Considering this, our counsel has advised us not to release Officer McKenna’s records at this time, due to the uncertainty surrounding this issue. We were fully prepared to release them before this came up, and will do so in the future if the legal issues change or become clarified. I apologize for any inconvenience and am cancelling our meeting today.
That said, we believe we can legally share the following facts, based on our review of the officer’s history. In his five years on the job, Officer McKenna was never accused of, nor found to have used, excessive force, nor did he ever draw his gun in the line of duty before the June 5 shooting. We hope this is helpful.
City Manager Charles B. Strome
Of course, it not helpful as we made more then clear in a rather loud and foul-mouthed rant directed at the City Manager in a phone call made upon receipt of the email.
Given the City’s track of record of lying at the press conference, lying about providing the McKenna records and refusing to correct their false narrative we saw no reason to credit the City Managers claim that “McKenna was never accused of, nor found to have used, excessive force, nor did he ever draw his gun in the line of duty before the June 5 shooting.”
Predictably, NRPD records later obtained by Talk of the Sound proved this to be yet another lie when the NRPD FOIL Access Officer accidentally sent a McKenna record under a separate FOIL request.
McKenna drew is gun in the line of duty on two black people who were pulled over for no valid reason on January 11, 2020, six months prior to McKenna drawing his gun them shooting and killing Kamal Flowers on June 5, 2020.
Talk of the Sound filed a Freedom of Information request for “NRPD Use of Force Reports filed in 2020” in August 19. The records were improperly delayed but finally produced on October 20th.
NRPD provided a total of 7 Use of Force Reports for 2020. Missing without explanation is the 8th Use of Force Report for June 5, 2020, the night McKenna fired a taser and his firearm, ultimate shooting and killing Kamal Flowers.
What the records we did obtain show is that McKenna brandished his firearm, threatening two black people in a vehicle, during a routine (and possibly illegal) traffic stop five months before shooting and killing Kamal Flowers, according to an NRPD Use of Force Report seen by Talk of the Sound. The pair were detained by police for almost an hour then released with no criminal charges filed.
On the evening of January 11, 2020, McKenna claimed to have observed a vehicle make “an illegal U-Turn at the intersection of North Ave. and Lincoln Ave.” then followed the vehicle to Memorial Highway.
There is no such thing as an illegal U-Turn at the location. It is not illegal to make a U-Turn, even across a double-yellow line in New York State, according to New York State Department of Motor Vehicles officials, unless the roadway is marked with a “No U-Turn” sign which must be approved by the local City government.
READ: Can a Driver in New York Make a U-Turn on a Roadway with a Double-Yellow Line?
In response, Talk of the Sound set up a software program to submit hundreds of individual FOIL requests for current and retired NRPD officers from the founding of the police department at the turn of the last century until present day. The initial batch was for 327 police officers; a second batch was another 500 police officers based on State pension records, obtained under a FOIL to the New York State Office of the State Comptroller. More than 800 individual records requests.
The only response we did get was from the New Rochelle Corporation Counsel in an email last September.
From: Gill, Kathleen <kgill@newrochelleny.com>
Date: Sep 16, 2020, 1:31 PM -0400
To: Robert Cox <robertcox@talkofthesound.com>
Cc: Strome, Chuck <Cstrome@newrochelleny.com>, Schaller, Joseph <Jschaller@newrochelleny.com>, Gazzola, Robert <Rgazzola@newrochelleny.com>, Rosenbergen, George <grosenbergen@newrochelleny.com>
Subject: FW: FOIL update
Bob,
This is a follow-up to my prior email.
As I previously indicated, given the number of requested records for over 300 persons (our count is 327), we anticipate that it will take time to determine the records we have, where they are located and review same for redaction, where required. Our best estimate, is the end of December. That said, as the temporary restraining order remains in place, based upon legal advice, we will continue to deny release of police disciplinary records. We will research and assemble the requested records but will not release any documents until the legal uncertainty is resolved.
However, if the court determines that these records are subject to release, we will begin releasing such records as they are located and redacted and expect to have the full response by December 31, 2020.
Kathleen Gill
None of those FOIL requests have been filled.
Yesterday, the New Rochelle Police Department issued a statement concerning the 30-Day Suspension with out pay of an unnamed officer (no justification was given for withholding the name).
New Rochelle PBA attorney Andrew Quinn complained about the “decision to release a statement to the public before an investigation has even begun,” adding that he was confident that “the officer will be fully exonerated of all allegations of misconduct.”
In 13 years of covering New Rochelle, including the New Rochelle Police Department we cannot recall a single instance of the NRPD issuing a statement like this. Further, the City Manager provided a narrative in response to out questions in which he stated the nature of the misconduct – punching a suspect in the face.
“As a uniformed officer was taking the Mount Vernon man into custody, the off-duty officer involved himself in the arrest and struck the Mount Vernon man with his fist,” said Strome.
As the decision to release this information runs contrary to past claims that such information could not be released, we have renewed our request for the McKenna disciplinary records and all other police disciplinary records as of today, records which, according to Gill’s September email have long since been “researched” and “assembled”.
From: Robert Cox <robertcox@talkofthesound.com>
Date: Feb 19, 2021, 8:12 AM -0500
To: Gilwit, Kathy <kgilwit@newrochelleny.com>, Chuck Strome <cstrome@newrochelleny.com>, Kathleen Gill <kgill@newrochelleny.com>, Schaller, Joseph <jschaller@newrochelleny.com>, Gazzola, Robert <rgazzola@newrochelleny.com>
Subject: Re: NR-NRPD_Feb_18
Good morning,
As you have adopted a new policy to release information concerning disciplinary records of New Rochelle Police Department officers I would like you to immediately release all records pertaining to my 800+ FOIL requests for same which you said 6 months ago would be processed and ready two months ago.
I would like to get the Alec McKenna records first as that request was made first and you already told me several times in July that you had the records ready to release.
And no, I do not want to meet with anyone at City Hall some the City Manager or a consultant can “explain” the records. I am confident in my reading abilities.
By law, I am entitled to an individual email response with a PDF file of each set of records or a denial on the grounds no such records exist.
If you like, however, I would be willing to accept a list of each officer with an indication of whether disciplinary records exist or not and a thumb drive containing PDF files for all records that do exist.
Given the way I have been treated regarding my June 12, 2020 FOIL request, I will appreciate your making it a point to produce the Alec McKenna records by 10 am this morning by email with the rest to follow on thumbdrive by the end of the day.
Thank you,
Robert Cox
TALK OF THE SOUND
Publisher and Managing Editor
We are still waiting for a reply.
UPDATE 2/22/21: we received a reply from City spokesperson:
It would be difficult to overstate how outrageous this response is in light of the past months of stonewalling.
After 7 months of claiming NRPD was withholding the McKenna disciplinary records due to the Federal court case — which ended last week — City has fabricated an entirely new excuse for denying our FOIL..
The only reasonable conclusion after lie piled upon lie is that they have something to hide.
Here is a quick review of the lies than began within 12 hours of the death of Kamal Flowers.
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I appreciate your response and should not have assumed my comment wouldn’t get posted, my apologies.
Unfortunately I’ve not seen wide scale reporting on this situation other than the original reports months ago and your continued reporting, and I’m a huge consumer of MSM and alternative / independent news media. Thanks for all that you do btw, it’s a thankless job.
There is a big difference between my working on a story and what the public sees as a published article.
It can often be the case that a story is not ready for publication. This can be for myriad reasons. In the matter of this case I have been in legal battles with NRPD, City of MV and WCDA, dealing with the NYS Legislature, witnesses, attorneys, the County ME and more. I cannot control the pace at which information is released.
That said there ARE stories coming in this matter. Stay tuned.
It’s unfortunate that in mostly every reporting you do on this subject, you never mention the fact that Mr. Flowers, a convicted felon, was in possession of an illegal firearm while he fled on foot and allegedly pointed at the officer who was in pursuit.
I’m not assigning any guilt to either party here, but if you’re going to report on this in such detail, this is a critical point that unfortunately never gets mentioned. Does it change the circumstance? Possibly. Does it change the narrative? Absolutely.
Here’s to hoping you’ll let this comment be published.
How many media outlets have published detailed information about Kamal Flowers criminal record?
How many reporters have ever asked about his criminal records at a press conference?
The article above is about stonewalling on FOIL requests and the City’s lies.
It is not about the shooting incident which we have documented more than any other media outlet.
Plus we allow comments where people such as yourself can add to the article.