Lawyers & Tigers & Coercion, Oh My!
[Author’s Note: This story is part of a series documenting punitive actions taken against me by Rutgers University & various law enforcement agencies beginning November 9, 2016 — the day after Trump’s election. Start with Part 1.]
On 12/22/16, I found a lawyer. A kickass, radical political lawyer that couldn’t have been better matched to my own personality and politics. I consider myself extremely lucky. We bonded over our tattoos as I got settled. I felt at ease immediately. Maybe this was finally a tiny nod from fate.
I’d reached out to multiple contacts and organizations two days before, looking for referrals for a lawyer once I learned Detective Last Name was with the FBI Joint Terrorism Task Force and investigating me. A few leads trickled in, but also petered out quickly. I remembered a Twitter message I received weeks earlier from a supportive and sympathetic fellow educator.
They’d mentioned a “radical lawyer” friend if I needed a referral. At the time, I was working with the union on the Rutgers end of things and didn’t anticipate more NYPD — and certainly no FBI — involvement. I thanked them, saying I thought things were in motion but would get back in touch if I needed the connection. And then, of course, I promptly forgot about the message.
Until Wednesday, 12/21. As I racked my brain trying to think of who else I could reach out to, that message reappeared like a light bulb above my cartoon head. I scoured my direct message folder on Twitter, found it, and fired off a reply. Within a couple hours I had Radical Lawyer’s contact info and sent her a quick email.
She wrote right back. She’d heard of my story, been following the news. She’d be happy to meet with me the next day at her office, anytime. I couldn’t believe it. After about 36 hours of frantically emailing, texting, and calling, it looked like the kindness and support of strangers (and their connections) was really about to save the day!
The lawyer and I went over the details of the case. Like most everyone else, she agreed the whole thing in its entirety was absurd to the highest power. However, since things with Rutgers were being handled through the union (and I’m still awaiting a decision in their inane internal investigation) and she practices specifically in New York, the main issue at hand was the FBI. She was more than happy to take that on. Her job would be to be the barrier between law enforcement and me — to take that weight off my shoulders.
That sounded like the sweetest music to my ears, truly (and the sweetest music is obviously be Beyoncé for all occasions). Even though she said everyone should get a second opinion, I asked her to formally represent me right then and there. No qualms about it. It was a perfect fit.
I could actually feel a huge weight lift immediately. I gave her Detective Last Name’s phone number and she relayed that once she made contact with him (which she did immediately after I left that afternoon), he wasn’t allowed to contact me or show up at my apartment for any reason, save with a warrant. If he did, it could be considered harassment. And she gave me very clear instructions on what to do in various situations — any of which are HIGHLY unlikely to transpire. Still, best to be prepared.
I’ve done nothing wrong and it’s not in my best interest to speak with law enforcement. I learned that lesson the hard way through the psych evaluation. I won’t be speaking with the FBI because there’s nothing to speak about. I am not a threat to myself or others. I’m not violent. I have no criminal history. I hate guns with a passion. End of story.
I’ve had amazing amounts of support from individuals and organizations, but I can truly say it wasn’t until I had a lawyer — someone working on my behalf in this particularly tangible way — that I finally felt in control. I’d been active throughout the whole ordeal, but only active overcoming obstacles various systems placed in my way.
Really, I’d been
reactive, but kept so busy that I couldn’t discern the difference. Now I felt like I could play offense too. In my case, I’d done nothing wrong. The system was designed to mete out punishment through the process itself. Chasing the reports, if you ever can get them. Obtaining copies of records. Running in circles. It’s more gaslighting.
My lawyer reassured me of that. And I knew, but even the smartest people begin to doubt or forget their own conviction when put through the wringer. It was a necessary, and healing, reminder.
Since there was no legal justification for the psych evaluation I was subjected to, and since I did not consent, my lawyer also suggested I file a notice of complaint through the Civilian Complaint Review Board against the NYPD officers involved. Now, I didn’t know about this Review Board or this process, but was ecstatic to have another way to push back, not feel helpfless.
I filed the complaint on their website that evening, another summation of the story to this point and my own allegation of misconduct on their part along with coercion and intimidation. I was called the next day to give a formal statement and answer questions over the phone. I will be giving an in-person statement after the holidays before the Review Board. They will then interview my witness and the officers themselves and determine whether any disciplinary action should be taken.
Though traumatic, I’m relieved my interaction with the NYPD on 11/15/16 didn’t come to a more extreme conclusion. My experience pales in comparison to so many others. I know that being a white man gave me privileges and safety in that situation many others aren’t afforded. That’s exactly why I feel I have a duty to fight even harder to expose any routine rights violations and hold the NYPD accountable if I can.
The NYPD wasn’t invited into my apartment that night — by my boyfriend when he first opened the door, or by me. They were already in my kitchen when I approached to see what was going on. I didn’t even realize this fact until I was questioned on whether they asked permission to enter. They absolutely did not, they just followed my boyfriend, not giving him a chance to refuse. Intimidation.
The officers repeatedly lied to me, threatening force if I refused to go with them. They may have indeed used force if I had continued to refuse, but they had no legal justification to do so. I complied for my immediate safety. All the same, it’s coercion. Especially with loaded guns on their hips in a tiny 1-bedroom apartment. I was further manipulated by Good Cop into choosing Bellevue over a closer, quicker hospital.
The Sergeant explicitly lied and told me there would be no charges for any of the night’s events because they were forcing me to go, yet the bills now pile up on my desk. And gone is any language of them “forcing me” on their reports, which they readily admitted in person. They now claim I volunteered as a courtesy. Hell no. I may be nice, but I’m not that fucking cordial. I tried to refuse multiple times and I have a witness.
Buoyed up with new confidence, I’m not going to let the NYPD get away with their misconduct. It’s coercion and intimidation and even if the Review Board sees no reason for discipline, at least I’m advancing on the field. If the process is punishment for me, the same should be applied to those who came up with the process in the first place.
I’m done playing defense. 2016 may just be wrapping up, but I’m only getting started. I also have another law firm lined up, interested in taking the freedom of speech issues and punitive actions against me at Rutgers to possible litigation should Rutgers refuse to satisfactorily reconcile the situation. 2017’s almost here. Buckle up.