May 30, NYPD face peaceful protesters coming together for the death of George Floyd. Photo: Ryland West/ALM

During testimony before New York State Attorney General Letitia James on Monday, New York City Police Department Commissioner Dermot Shea defended the police department's response—including some incidents that have been described as provocative—to protests for racial justice and against police brutality in recent weeks.

Shea described the protests as different from others he'd encountered.

"This was some of the worst rioting that occurred in this city in recent memory," he said.

More than 100 NYPD officers were injured so badly that they have yet to return to duty, he said, and members of the force feel "underappreciated."

Shea's testimony followed 17 hours of testimony June 17 and 18 from members of the public, elected officials and community organizations, many of whom said they witnessed or experienced violent responses from the police. One recalled hearing bones crack, while others watched officers in riot gear rush peaceful protesters.

Andy Izenson, president of the New York City chapter of the National Lawyers Guild, testified that the NYPD engaged in "alarming and unlawful police practices and flagrant, blanket violations of constitutional rights" against protesters, along with allegedly violating the police department's own patrol guide, which describes the purpose and rights of legal observers.

Several other people also testified that they saw legal observers, who were exempt from the citywide curfew, being mistreated during the protests. A group of legal observers were detained and their privileged notes were searched during a June 4 protest in the Bronx, despite wearing the bright green hats that have long been the identifying mark of a legal observer, according to NLG-NYC.

When James asked about that incident, Shea said he would have to "see how you're defining legal observers."

"Having a shirt or a hat that says 'legal observer' does not mean that person is an attorney, does not mean that they're actually performing any legal function," he said.

Shea said multiple investigations are ongoing after an NYPD van appeared to drive into a crowd of protesters on Flatbush Avenue in Brooklyn. When James asked if the incident violated the NYPD's use-of-force policy, Shea said "no."

"I'm not saying the police car was used as a use of force," he said. "I am saying that the officers were set upon and attacked and thankfully they were able to get out of that situation with, to my knowledge, no injuries to anyone."

Shea condemned some alleged behavior by officers, including the covering of shield numbers with black mourning bands. Officers are allowed to wear the bands, he said, but he urged anyone who sees a shield number covered to report it to NYPD's Internal Affairs Bureau.

James also asked why officers were seen without masks. Shea said the importance of mask-wearing is stressed "constantly." There were some times when the officers likely had their masks off for a reason and other times when they should have been wearing them, he said.

An incident in which an officer apparently lifted someone's mask only to use pepper spray in their face was "completely inappropriate," Shea said.

Shea emphasized that the department tried to be flexible in how it policed the protests and that department leaders are now trying to move quickly to discipline officers where necessary. Fewer than 10 have been disciplined so far, he said.

One officer, Vincent D'Andraia, has been arrested and charged with assault, among other offenses, after allegedly shoving a woman to the ground in Brooklyn.

"The video speaks for itself," Shea said. "I was very disturbed by that."

READ MORE:

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