New York Civil Rights Attorney Eric Sanders, Esq., of The Sanders Firm, P.C., alleges in a $15 million Notice of Claim filing that the Kings County District Attorney’s Office and the NYPD Internal Affairs Bureau ‘Lack Integrity’
On or about December 4, 2009, Sergeant Raymond Stukes, formerly assigned to the 81st Precinct was placed on ‘Modified Assignment’ by Internal Affairs Bureau Group No.: 52 Lieutenant Sean Donovan (Caucasian Male). Unbeknownst to Sergeant Stukes, he was the subject of a criminal investigation because of an arrest that he verified on or about September 3, 2009. The arrest was made by former Police Officer Hector Tirado (Hispanic Male) of a male undercover (UC No.: I-5015) who was allegedly selling untaxed cigarettes. The arrest was part of an ‘Integrity Test’ performed by the Internal Affairs Bureau. Although Sergeant Stukes verified former Police Officer Tirado’s arrest, he DID NOT supervise the arrest processing at the 81st Precinct. At the time of the arrest processing, Sergeant Stukes was off-duty and NOT supervising former Police Officer Hector Tirado.
In or around February 2010, Sergeant Stukes received an order to report to the Quality Assurance Division at 300 Gold Street Brooklyn, N.Y. During the Department Interview Sergeant Stukes answered questions posed to him by Executive Officer Lieutenant Michael Brill regarding the allegations of corruption reported to the Internal Affairs Bureau by Police Officer Adrian Schoolcraft. Police Officer Schoolcraft made numerous allegations about the intentional downgrading and/or misclassifications of criminal complaint reports filed within the 81st Precinct. At the time, Sergeant Stukes was Police Officer Schoolcraft’s squad sergeant.
On or about June 16, 2010, Kings County Assistant District Attorney Gregory Marshall (African-American Male) presented the ‘alleged’ facts and circumstances of the Internal Affairs Bureau’s investigation to a Grand Jury, which returned a ‘True Bill’ or ‘Indictment’ against Sergeant Stukes.
On or about July 27, 2010, Sergeant Stukes learned from Sergeants Benevolent Association Vice President Robert Ganley and his union attorney that he has been ‘Indicted’ via a ‘Sealed Indictment’ and that the Internal Affairs Bureau was going to arrest him.
On or about July 29, 2010, Sergeant Stukes received a phone call from a reporter at the New York Post that asked his wife if she would like to comment on his impending arrest.
On or about July 30, 2010, before Sergeant Stukes’s arrest, the New York Post already printed and distributed the story of his impending arrest to its readership. It is readily apparent that someone from the Kings County District Attorney’s Office or the Police Department City of New York leaked the ‘Sealed Indictment’ to the New York Post. Later that day, Lieutenant Donovan arrested Sergeant Stukes. Internal Affairs Bureau Chief Charles V. Campisi (Caucasian Male) immediately suspended Sergeant Stukes without pay. Chief Campisi reported Sergeant Stukes’s arrest to Police Commissioner Raymond W. Kelly (Caucasian Male).
Sergeant Stukes was arrested at the Kings County District Attorney’s Office and charged with Offering a False Instrument for Filing 1st Degree, Perjury 2nd Degree, Offering A False Instrument for Filing 2nd Degree, Falsifying Business Records 2nd Degree, Official Misconduct 1st Degree and Perjury 3rd Degree. Sergeant Stukes’s arrest was processed by Internal Affairs Bureau Group No.: 52’S Deputy Inspector Edward R. Armstrong (Caucasian Male) and Lieutenant Donovan. Deputy Inspector Armstrong insisted that Sergeant Stukes does the ‘Perp Walk’ out from the Kings County District Attorney’s Office as well as the Court. When Sergeant Stukes arrived for Arraignment, the Court was full of reporters. Sergeant Stukes’s arrest was a major media event resulting in his image reproduced throughout the World in print, television, radio as well as internet media outlets.
On or about August 31, 2010, Sergeant Stukes was restored from suspension, placed on ‘Modified Assignment’ and reassigned to VIPER No.: 4 in the Bronx.
On or about September 24, 2010, Deputy Inspector Armstrong requested that First Deputy Commissioner Rafael Pineiro (Light Skinned Hispanic Male) prefer Charges and Specifications against Sergeant Stukes. Internal Affairs Bureau Executive Officer Assistant Chief Gary Strebel (Caucasian Male) endorsed the request that mirrored the criminal charges.
Shortly thereafter, Sergeant Stukes received Charges and Specifications from the Department Advocate’s Office.
On or about November 10, 19, 2010, Sergeant Stukes appeared before the Supreme Court of the State of New York, County of Kings and notified the Court that the documents used by the Kings County District Attorney’s Office to secure an ‘Indictment’ against him DID NOT have his signature. The Court previously denied motions to dismiss the indictment for ‘lack of evidence.’
Between Late 2010 through Late Spring 2011, the Court as well as the Kings County District Attorney’s Office began to doubt the authenticity and validity of the evidence against Sergeant Stukes.
Shortly thereafter, Sergeant Stukes hired Access Forensic Group, LLC to perform a handwriting analysis. As soon as the handwriting expert saw the documents in question, he immediately determined that Sergeant Stukes DID NOT sign the documents presented to the Kings County District Attorney’s Office.
On or about July 5, 2011, Sergeant Stukes received the Expert Report written by Access Forensic Group, LLC that confirmed the documents were NOT signed by him. The Expert Report was sent to the Kings County District Attorney’s Office.
The Kings County District Attorney’s Office offered no response.
Shortly thereafter, Sergeant Stukes learned through his attorney that Kings County Assistant District Attorney Andrea Robinson (African-American Female) “knew that he was getting a raw deal but, her supervisors were holding things up.” Sergeant Stukes then provided personal records such as mortgages and bank statements up to ten (10) years for review by the Kings County District Attorney’s Office.
On or about October 11, 2011, the Internal Affairs Bureau searched his Department lockers at the 81st Precinct and VIPER No.: 4. The ‘Administrative Search’ was ordered by Deputy Inspector Armstrong.
On or about November 14, 2011, Sergeant Stukes learned through his attorney that Kings County District Attorney Charles J. Hynes (Caucasian Male) called Sergeant Benevolent Association Vice President Robert Ganley and said “We know that Sergeant Stukes DID NOT sign any of the paperwork. Come down so that we can get this done.”
On or about November 15, 2011, Sergeant Stukes appeared before Supreme Court Justice John P. Walsh (Caucasian Male) and Kings County Assistant District Attorney Robinson requested that the ‘charges be dismissed for lack of evidence.’ There was no apology for ruining Sergeant Stukes’s reputation.
On or about December 7, 2011, Sergeant Stukes through his union attorney made a Motion to Restore him to ‘Full Duty’ to Police Commissioner Kelly.
On or about January 17, 2012, Sergeant Stukes appeared for a Department Interview at the Internal Affairs Bureau 315 Hudson Street New York, N.Y. The interviewers were Internal Affairs Bureau’s Deputy Inspector Armstrong and Lieutenant Donovan. They asked questions about the arrest processing as well as his belief that Police Officer Facey who was present and recorded during the ‘Integrity Test’ lied about observing the undercover selling or attempting to sell cigarettes. After reviewing the video recording with audio, it is obvious that UC No.: I-5015 violated no laws.
Yesterday, approximately forty-two (42) months after Sergeant Stukes was ‘Modified’ the Department finally restored him back to ‘Full Duty’ status.
“It does not take a great leap in logic to understand that in order for Sergeant Stukes to have been indicted, evidence had to be presented during the Grand Jury proceedings attesting that documents and other evidence presented were examined presumably by the Internal Affairs Bureau investigators’ and attributable to him. Unfortunately, the Kings County District Attorney’s Office as well as the Supreme Court of the State of New York participated, condoned or acquiesced to the Internal Affairs Bureau’s gross incompetence at the least; serious misconduct and/or even criminal conduct at the worst. To this date, no one is accountable for this gross injustice. Sergeant Stukes’s Civil Rights meant nothing” Eric Sanders says.
Eric Sanders, Esq., of The Sanders Firm, P.C., filed Notice of Claim with the New York City’s Comptroller’s Office on March 29, 2013.
The Sanders Firm, P.C., is a nationally recognized law firm located in New York, NY, serving clients throughout the five (5) boroughs of the City of New York: Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as Nassau, Orange, Suffolk, and Westchester Counties, focused on cases involving Civil Rights, and Civil Service Law.