A Manhattan judge ruled that the NYPD broke the law when it accessed sealed records to use at a press conference convened by Mayor Adams and the police commissioner. They used the records as part of an argument that bail reform caused a rise in crime.
Ironically, all 10 of the offenders referenced in the press conference were eligible to be held on bail for their most recent charges, according to lawyers for the public defender group the Bronx Defenders, which filed the suit. And many, if not most, of the arrests cited did not yield convictions, the suit said. So the recent changes to state bail reform laws that Adams and the NYPD had criticized had not kept them free until their court hearings — judges had.
The Bronx Defenders previously won a preliminary injunction forbidding officers from accessing sealed records without a judge’s order. The injunction also ordered officials not to release information about sealed arrests to the media. Attorneys for the NYPD argued that the information released at the press conference did not violate the injunction, because the names of the individuals were not mentioned. Citing “sources,” a story in the New York Post did cite one person by name.
Attorney Niji Jain of the Bronx Defenders said the ruling means the city cannot pull another “press stunt” like this “to smear people’s reputations.” “The court's order makes clear that the city must end its unlawful practice of providing the press with information on sealed arrest records,” Jain said. “This is an important protection for the over 3.5 million New Yorkers whose sealed records have been mishandled by the NYPD for years.”
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