Ex-NYPD Cop Convicted Of Making False Statement In Cyclist Case

Guilty but he won't be sentenced until June. No jail time for him, of course. The cyclist was apparently being aggressive so the cop's action in shoving him was reasonably found not to be an offence but lying in evidence is unforgiveable in a cop -- common though it no doubt is

A former New York City police officer was convicted Thursday of making a false statement about a 2008 incident with a cyclist in the Times Square area that was widely viewed on YouTube, but acquitted of assaulting the cyclist.

In its third day of deliberations, a jury of seven women and five men found Patrick Pogan guilty of submitting a false instrument for filing and making a false written statement, a misdemeanor. He was acquitted of misdemeanor assault and four other charges.

"It was a perfect storm," said Stuart London, Pogan's lawyer. "An inexperienced police officer. An inexperienced D.A." London said his client was a "scapegoat."

Patrick Lynch, president of the Patrolmen's Benevolent Association, said the ruling will have a "chilling effect on every young officer," noting Pogan had been on the force for 10 days at the time of the incident. "Mistakes will become crimes," Lynch said. [Falsifying reports is NOT just a "mistake"]

Pogan could face up to four years in prison on the charges.

Prosecutors from the Manhattan District Attorney's office had alleged Pogan, while still employed by the New York Police Department, shoved a bicyclist off his bike during a Critical Mass rally in the Times Square area in July 2008 and then lied about the incident on an arrest report after the cyclist was charged with a crime.

The incident was caught on videotape and widely viewed on Google Inc.'s (GOOG) YouTube and other Web sites. As of 3 p.m. EDT Thursday, about the time of the verdict, the video had been viewed by more than 2.3 million people on YouTube.

Critical Mass is a movement where bicyclists ride en masse to assert their right to safely travel the streets, but some riders have run afoul of law enforcement in the past.

Christopher Broduer, who described himself as a bicyclist, expressed shock at the decision, shouting at Pogan's lawyers as they spoke with reporters after the verdict. "I think the charge should have been attempted murder," Broduer said. He said he had ridden with Critical Mass in the past, but stayed away from them recently.

A spokesman for the New York Police Department declined comment on the verdict.

"The New York City Police Department is our most important partner in law enforcement," Manhattan District Attorney Cyrus R. Vance Jr. said in a statement. "Citizens trust that every police officer will protect and defend their safety with honesty and integrity. This conviction reinforces that no one--even a member of law enforcement--is above the law, and that inexperience is not an excuse to violate the law intentionally."

Original report here



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