The New York Times reports that 7 police officers involves in the killing of Sean Bell will face departmental charges.  They include the three detectives who were acquitted of criminal charges, as well as the commanding officer at the scene, two forensics officers and another who discharged his weapon.

The three detectives who stood trial in the case — Detectives Gescard F. Isnora, Michael Oliver and Marc Cooper — were charged with “discharging their firearms outside of department guidelines,” said Paul J. Browne, the Police Department’s chief spokesman. Detective Isnora was also charged with taking enforcement action while working as an undercover officer instead of letting officers who were present, and not working undercover, take control.

Lt. Gary Napoli, the ranking officer at the scene, faces internal charges of failing to supervise the operation, Mr. Browne said. Sergeant Hugh McNeil and Detective Robert Knapp, of the Crime Scene Unit, were also charged: the detective with failing to thoroughly process the crime scene and the sergeant with failing to ensure a thorough processing was done.

How one reacts to this bit of news reveals much about one’s level of cynicism.  Does it pale in comparison to the criminal prosecution?  Of course, but then the three shooters have already been through a criminal prosecution and emerged from the other side as not guilty.  The New York Police Department can’t change that, nor can they be expected to.  It’s unhelpful to demand unreasonable and unavailable remedies not that the botched prosecution is over.

The news struck me as particularly surprising in certain ways.  First, it would have been fairly easy, and fairly credible, for the NYPD to take the position that the three detective had been tried and acquitted, and having been subject to the most severe scrutiny, no further action would be taken.  The “double jeopardy” sensibility (though not in the legal sense) would kick in, and many people wouldn’t expect the detectives to go through serial charges at every level. 

For lawyers, we need to remind ourselves how offensive we find it when non-police defendants are put through multiple prosecutions, state, federal, administrative.  We can’t rearrange our logic because we don’t like these defendants very much.  Either we are process oriented or outcome oriented.  We can’t switch back and forth whenever it suits our agenda.

But what really impresses me about these departmental charges is that they did not stop at the three detectives.  Most significantly, they are going after Lt Napoli, the commander on the ground.  This is a huge step forward for the NYPD.  Remember Abner Louima, where a precinct full of cops were given a pass on their failure to do their duty?  If Napoli was left off the list, no one would have noticed.  That he was subject to scrutiny demonstrates an huge epiphany for the cops, realizing that not only affirmative wrongs, but errors of omission, neglect, maybe even a tinge of conspiracy, are wrongs as well.

The same is true of the forensics guys.  Their failures were manifest, but screw-ups by forensics have almost been universally excused and forgiven.  Up to now.  Why should they not be expected to do their job properly and sufficiently?  Why should they be forgiven their failures, particularly when their failures serve to cover-up potential police crimes? 

Norm Pattis, beating me to the punch on this news, concludes that this will at best result in a Pyrrhic victory.

As for the police department proceedings? The officers will almost certainly be disciplined, and they should be. Departmental policies and procedures are an important means of keeping a department under control. When cops take matters into their own hands and create their own rules, they may not violate the Constitution, but they certainly foster something like anarchy in the police department.

For Bell’s supporters police department discipline will be at best a Pyrrhic victory. That is all they should expect.

I’m not really clear what Norm means by “Pyrrhic” in this instance, as I see no cost to Bell supporters.  Unsatisfying?  Inadequate?  Even if the departmental charges result in the most severe penalty available, discharge from the police force and loss of pension, it is hardly the equivalent of a criminal conviction. so it will never meet the demands of those who believe that Sean Bell was murdered. 

Still, the NYPD is not responsible for the botched prosecution.  This doesn’t diminish the fact that they are doing what they can to address the nightmare of Sean Bell’s death within the parameters of their administrative powers.  It isn’t a substitute, but it’s the best they can do.

The question remains whether the NYPD, having gone as far as taking the broad view of wrongdoing in this tragedy, will now pursue it with vigor and integrity.  Charging is one thing.  Now they have to prove that they can pursue their own cops with the same degree of effort and effectiveness that they would use against anyone else.  This has yet to be seen. 

But as first steps go, I’m impressed.  I’m not prepared to go as far as saying that maybe they’ve learned something from all this, but it’s better than they have ever done before.  And that’s something.