“But for Video” has been an ongoing theme here, reflecting the new reality that complaints of police misconduct and abuse, dismissed out of hand despite a defendant appearing at arraignment with eyes blackened, nose broken, teeth missing and a charge of attacking an officer’s fist with his face, can no longer be ignored.  Watch it judge.  Watch it voters.  It’s all there in the video.

My mistake.  Even with video, the great wall of blind faith cannot be broken through.  Patrick Pogan, 24, on his 11th day of policing, was acquitted of the Big Shove.

The acquittal on the assault charge was perhaps indicative of the public’s belief that police officers should be given latitude to use force when they perceive a threat, said Philip Karasyk, a defense lawyer who regularly defends police officers.

“When an officer puts on that badge and uniform, he’s not feeling a heightened sense of security — he’s feeling a heightened sense of insecurity and a sense of being on guard,” he said.

To put it more clearly, your fellow citizens say that it’s acceptable for a cop to attack you.  For many of us, myself included, the blame for allowing a culture of separation between the police and the citizenry, where police are entitled to act upon their basest impulse with violence and anger, is levied on police.  But Pogo was right.

Patrick Pogan was convicted of filing a false instrument, for the criminal court complaint alleging that he was knocked down by the bicyclist, Christopher Long.  He said he was confused.

“The important part to remember is, regardless of what’s on these documents, if at the time you filled them out you believe you’re being truthful, then that’s really all that should matter,” [Pogan’s defense lawyer Stuart]. London said. 

[Pogan] said he had confused the initial collision with two later instances in which he went to the ground while trying to handcuff Mr. Long.

Had there been no videotape, my guess is Pogan wouldn’t have described his having gotten the salient details of the assault backward.  My guess is that he would testify with utmost certainty that it happened just the way he described it.  My guess is that it would have been good enough to convict Long of assaulting him.  My guess is the jury would not have hesitated to convict Long of assaulting a police officer.  Long, the pot-smoking miscreant, would not have been given “latitude”.

The case was tried in a Manhattan courtroom.  Unlike the Bronx, with jurors who usually have some experience being on the receiving end of cop-love, Manhattan juries are an unusual mix of people.  From Wall Street brokers to lawyers to television personalities, they reflect the broad mix of people who are able to afford an apartment for $7500 a month.  A few uptowners may mix in there, provided they speak English.  Then there are always a few younger people, often students or young professionals starting their careers. 

This isn’t to suggest that I have any clue as to the jury in this case, as I wasn’t there and haven’t been able to find any information about who actually sat on the jury.  But the point is that these are generally upstanding people, well educated.  They generally have yet to be indicted themselves.  They’re pretty much us.

And they watched the video.  And they saw the Big Shove.  And they shrugged.  And amongst themselves, they decided that it was acceptable for then Police Officer Patrick Pogan to do that.

A huge sigh of relief was heard throughout New York City.  Police anticipate the need to shove again.