Former NYPD Commissioner Raymond Kelly lied under oath about email use regarding summonses: attorney
NEW YORK DAILY NEWS
Monday, October 5, 2015, 9:49 PM
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NORMAN Y. LONO/FOR NEW YORK DAILY NEWSFormer NYPD Commissioner Raymond Kelly lied under oath about not using emails to discuss policy matters, according to documents filed at Manhattan Federal Court.
Former NYPD Commissioner Raymond Kelly lied under oath about his communication habits while explaining why the city hadn’t turned over a single email from his files in which he discussed summonses, new filings charge.
Attorney Elinor Sutton claims in documents in Manhattan Federal Court that she can prove Kelly did in fact use his email to discuss NYPD policy matters.
“Commissioner Kelly’s declaration, made under penalty of perjury, contains demonstrably false information,” Sutton wrote.
Last month, Kelly said he rarely used email or text messages for “substantive communications” while running the NYPD and instead held constant face-to-face meetings and made phone calls.
But Sutton writes “documentary evidence shows that these statements are simply not true.”
She submitted a redacted September 2010 email exchange with Kelly that she says “most certainly concerns issues that he claimed to never email about, including ‘summonses,’ ‘summons activity’ and ‘officer performance.’”
The Daily News reported in July that the NYPD allegedly destroyed documentsregarding summonses during Kelly’s tenure. The evidence could be relevant in a class action lawsuit charging the NYPD issued 850,000 bogus summonses since 2007 due to a quota system.
Sutton has asked Judge Robert Sweet to impose sanctions against the city for the alleged “spoliation” of evidence.
A Law Department spokesman said the “submission contains unsupported conclusions and hyperbole. There is no basis for sanctions.” A Kelly spokeswoman did not respond to a request for comment.
The city also did not turn over a single email to or from the files of former NYPD Chief of Department Joseph Esposito, who now heads the Office of Emergency Management.
Esposito said he almost never used email, but Sutton wasn’t buying his claim, either.She noted he had at least three email accounts and four separate electronic devices in addition to his computer while at the NYPD.
Sutton is co-lead counsel on a legal team that includes attorneys representing NYPD whistleblower Adrian Schoolcraft, who last week settled his case against the city for $600,000 plus back pay and benefits.
She graduated Yale Law School in 2007 and was named a rising star by Super Lawyers magazine last year.
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