NEW ROCHELLE, NY (July 20, 2022) — The trial of New Rochelle Police Detective Michael Vaccaro entered its third day at the New Rochelle City Court. Judge Matthew J. Costa is presiding over a non-jury trial.
ADA Jennifer Sculco told Judge Costa yesterday afternoon she expects to wrap up the People’s case today with two more witnesses. The Defense will then present their case.
Vaccaro was charged with two counts of Attempted Assault in the Third Degree on June 17, 2021, both Misdemeanors, for an incident which occurred in the early afternoon of February 15, 2022. Vaccaro was arraigned on July 1, 2022.
The first count was filed for punching Malik Fogg several times about the head. The second count was filed for forcing Malik Fogg’s head and face into a cement sidewalk.
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Day One: Trial of New Rochelle Police Detective Michael Vaccaro Begins
Day Two: Trial of New Rochelle Police Detective Michael Vaccaro Continues
LIVE WEDNESDAY:
9:40 AM Judge Costa is late, everyone waiting around.
10:00 AM DA calls Lt. Melvin Molina of CIU Unit (SWAT)
10:50 AM I had to go to Greenburgh Town Court for sentencing of Michael Thunderhorse. I have a notetaker in New Rochelle. Reason for delay was put on the record at about 9:50 — both sides agreed to submit transcripts of audio and video as what was said is in dispute in some instances.
12:15 AM Lunch break. Updating Molina now.
On Direct, Molina testifies he was directed to go retrieve Vaccaro and speak with him. Molina took Vaccaro into the back of the Gulf Station Mini Mart, which is shown in CCTV video from the Gulf station. Molina verifies an audio recording of that interview.
And then Velasco stopped him on fucking on Main Street (crosstalk. Dude, I’m not going to lie to you. I hit him because he was fighting with Velasco.”
Molina says he notice Vaccaro was shaken up and had minor scrapes on his hands so he called an ambulance for Vaccaro as standard procedure.
Back at NRPD HQ Molina reviews the City Cam video.
On Cross, Molina said he arrived after Fogg was arrested. After reviewing the video he wrote up charges against Fogg: Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and various New York State Vehicle and Traffic Law violations.
Molina said he was aware Fogg was suicidal
End of Molina, break, next is Captain Neil Reynolds.
1:14 PM:,Reynold testified he was off duty on 2/15/21 but got a heads call from Det Lt Brian Fagin who warns him he would get a call about a complaint, there were many civilian witnesses and recordings.
Next day, Reynolds viewed the cell phone video and sooner after got a call to go meet with Police Commissioner Joe Schaller and Deputy Police Commissioner Gazzola. At that meeting, Schaller told Reynolds to contact the DA, both Schaller and Gazzola felt Detective Vaccaro used excessive force.
Reynolds says the responding officer (Velasco) is in charge of the scene
Reynolds says Vaccaro outranks Velasco.
Reynolds says he saw the videos (the ones entered into evidence) and the video from Stacia Fogg’s friend.
Prosecution Rests. Defense up starting at 2 PM.
Took lunch with my notetaker at the Mirage. Vaccaro and others must have come in after but they are seated in a booth two tables over. My trip to the men’s room certainly got their attention.
5:22 PM Calvin McGee, a retired training officer from New Rochelle Police Department, was the only and last witness for the Defense. Tomorrow will be closing arguments. I am and Zeke needs a walk. When we are back I will add notes on the McGee testimony but the DA was very effective in cross dragging out of him things he clearly did want to say.
OK Back from Zeke’s walk.
Quinn had McGee explain various techniques he trained NRPD officers including Vaccaro to use along the Use of Force Continuum. Rather than go through the testimony we have a version of the Use of Force Continuum and a link to the NRPD Manual of Procedure section on Use of Force
NRPD Manual of Procedure Use of Force
A week after the February 15, 2021, the NRPD put out a statement that the New York State Division of Criminal Justice Services attested that the New Rochelle Police Department was in compliance with Use of Force standards and is a Certified Law Enforcement Agency per DCJS and the US Department of Justice, according to a statement issued by the NRPD.
McGee said he met 3 times with Andrew Quinn to prepare to testify. He said he asked to review videos from the CCTV cameras at the SuperGas station and Gulf station and the cell phone video. The DA played audio and video (in particular, People’s Exhibit 5, City Camera video) that McGee said he had never seen.
McGee said in his judgement Vaccaro’s use of force “was not excessive in any way, shape or form”.
McGee said an off-duty officer who observes a crime in progress should be “the best witness they can become” and “immediately call 911“.
McGee was asked why Vaccaro, an experienced detective in New Rochelle, would attempt to record video using his phone (recall Quinn said Vaccaro pushed the wrong button and took a photo rather than record video) when he knows gas stations have CCTV cameras. McGee said the cameras might be broken or not pointed in a direction to capture an incident.
Quinn walked McGee through Vaccaro’s actions at the Gulf Station and McGee found no fault with any action Vaccaro took.
McGee said Vaccaro was right to get out of his car then follow Velasco as Velasco was pushing Fogg away from Vaccaro. He was not following Fogg but watching over Velasco.
McGee said Vaccaro was right to punch Fogg three times noting the third punch was “ineffective”. Kicking Fogg was appropriate. Everything Vaccaro did was appropriate.
McGee said Vaccaro was right to grab Fogg by the hoodie and pull his head down to the sidewalk.
McGee said Vaccaro did not use an inappropriate level of force.
McGee said Velasco and Vaccaro have equal rank because neither of them is a supervisor.
On cross-examination by Sculco, McGee said he could not remember if he ever trained Velasco but he did train Wallach and Molina and Amico and Reynolds.
Sculco took Mcgee through the reasonableness standard of use of force and NRPD training on verbal judo.
When Sculco asked McGee about Vaccaro holding his phone to record at the gas station, McGee said Vaccaro might of had a tripod. Sculco said, “but he had a phone”.
Sculco asked about Velasco’s repeated efforts to separate Fogg and Velasco and scores here because McGee was ultimately forced to admit that the video showed multiple instances of Velasco attempting to keep Fogg and Vaccaro apart.
As Sculco stopped and started the cell phone video to make the point that in various frames Fogg did not have his hand’s raised or was not making a fist McGee said “you can stop a video at anytime but it’s dynamic”. Sculco replied that as Fogg is being pushed down the sidewalk by Velasco, Vaccaro continues to advance on Fogg.
McGee said neither Velasco not Wallach punched Fogg.
McGee said that under chain of command, the first uninformed officer on scene is in command of the scene and that Velasco was first on scene.
Sculco showed McGee People’s Exhibit 5, the City Camera video. McGee said it showed Velasco with both arms out, one arm pushing Vaccaro away and one arm pushing Fogg away.
McGee, asked about Velasco approaching Fogg after Wallach drew but did not arm his taser, said “it was reasonable to do so”, that Fogg is complying with Wallach’s commands.
McGee said Fogg pointed at Velasco while looking at Vaccaro and asking “is he going to hit me again?”
McGee was asked about the importance of notifying other officers if a suspect is armed, he said it was “very, very important,” he said on the 911 calls Vaccaro did not say anything about Fogg being armed and after Fogg was handcuffed no one checked Fogg for a weapon.
On redirect, McGee said Vaccaro had more information about Fogg than the uninformed officers on scene.
Defense rests.
Closing arguments Thursday at 9:30 AM.
OBSERVATIONS:
One benefit of this trial is it serves as a cautionary tale for other officers especially the NRPBA members who have been attending the trial.
Over the summer of 2020, I covered a number of Black Lives Matters protest marches and rallies where I was frequently threatened both verbally and physically by organizers and public speakers. These people were what they call in Texas “all hat and no cattle” or, what we call here in New York, “full of it”. They devoted a few hours over a few days in 2020 to shout and stomp and shake their fists and the sky. But when it actually mattered — like confronting all the lies about the officer-involved shooting of Kamal Flowers spewed by Mayor Noam Bramson and Police Commissioner Joe Schaller they were nowhere to be found. And by the time Michael Vaccaro was whomping on the head of Malik Fogg on February 15, 2015 they had disappeared. So it is no surprise that when a white New Rochelle Police officer is FINALLY put on trial for police brutality against a black man not a single solitary one of them has spent two minutes at Vaccaro’s trial. The next time I am being screamed and yelled at by some supposed “community activist” or “BLM protestor” or “black leader of New Rochelle”, rest assured I will laugh in their face. I will ask them “where were you when the DA prosecuted a New Rochelle Police Officer”. What a bunch of phonies and cowards. While they are home under their covers, hiding, members of the New Rochelle PBA showed up in court. Misguided as they may be in the support of Vaccaro at least they took a position. The black community of New Rochelle? Not so much.
The City of New Rochelle cannot possibly want Michael Vaccaro as the face of the New Rochelle Police Department.
The problem these days is that such a large number of people believe that police officers will lie to protect a fellow officer that when they get up on the stand those same people will not credit their testimony. It likely has a lot to do with why Vaccaro’s lawyer wanted a non-jury trial.
Confidence in the police fell five points to 48%, marking the first time in the 27-year trend that this reading is below the majority level. This drop follows the public outcry after George Floyd was killed during an arrest in Minneapolis in late May, which sparked nationwide protests against excessive use of force by the police. This measure has been as high as 64% in the past.
It will be interesting to see what happens with the Journal News today. On Monday Jonathan Bandler had a story detailing what happened on day one. It is a small courtroom and one door to the hallway where most gather on short breaks. I never saw Bandler there and I know what he looks like. He was not there Tuesday and there was no story. Today he was there — first time I saw him at the trial. He arrived about 10:30 am and left at about 12:15 pm. He never came back. Another reporter showed up (he had a press pass on a lanyard and a notebook) at 3:40 pm and left at 4:20 pm. I can only what story they could write based on a fraction of the testimony. Bandler was there for the Reynolds testimony so I guess he can write about that.
The trial so far makes me feel Vaccaro was not so much using trained police techniques perfectly but using those techniques to accomplish his goal to get back at Fogg by punching and kicking him and shoving his face into the sidewalk.
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