Ex-NYPD officer’s lawsuit might have an effect on ‘rape cops’ ruling: attorneys

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A fired police officer claims in a brand new lawsuit that the NYPD trial decide who booted him is illegally sitting on the bench — probably impacting tons of of rulings, together with one involving the notorious “rape cops.”

Ex-NYPD Officer Ernesto Marks, in a submitting in New York state Supreme Court final week, argued that Paul Gamble, the decide who presided over his disciplinary trial earlier this yr, was improperly appointed by the division.

Gamble “is indisputably not an Assistant Deputy Commissioner, and as such, under the law, did not have authority to exercise jurisdiction over the trial, nor authority to provide a Recommendation to the Police Commissioner that [Marks’] employment with the NYPD be terminated,” the swimsuit states.

The lawsuit might have a wide-ranging affect, together with Gamble’s advice this summer time to fireplace then-cops Sanad Musallam and Yaser Shohatee for the statutory rape of a 15-year-old feminine member of the police youth program in 2015 and 2016.

The sufferer stopped cooperating with authorities, and felony fees have been by no means introduced in opposition to the cops. But Gamble mentioned in his August choice firing the officers from the power: “The evidence supports a finding that [the officers] individually targeted the minor as a particularly vulnerable individual they were morally obliged to protect but chose to take advantage of to satisfy their depraved interests.”

Marks’ lawyer, John Scola, advised The Post, “As a result of the NYPD’s failure to follow New York State and City law, each NYPD Department Trial presided over by Executive Agency Attorney Paul Gamble must be overturned for denial of due process.”

Jack Jaskaran, a retired police captain-turned-lawyer who’s working the case with Scola, mentioned their shopper’s case might have an effect on that of Musallam and Shohatee, in addition to scores of others.

“This case demonstrates why the NYPD must follow the law,” Jaskaran mentioned of Marks’ lawsuit.

“While former NYPD Officer Ernesto Marks is innocent and should not have been fired, there are a few cases where an officer was in fact guilty of criminal conduct and then had their employment with the NYPD terminated,” Jaskaran mentioned.

“Now, because of the NYPD’s failure to follow the law, the likelihood of a truly guilty officer’s termination being reversed has increased significantly.”

Records obtained from the Department of Citywide Administrative Services by Jaskaran via the Freedom of Information Law present that Gamble holds a civilian publish within the NYPD below the title “executive agency counsel” — and never “assistant deputy commissioner,” as he’s publicly referred to.

As The Post beforehand reported, a number of police executives are publicly referred to as “deputy commissioners” whereas truly holding civilian titles in DCAS information. The inventive book-keeping permits among the NYPD execs to pocket hefty pensions from their time on the power — along with six-figure salaries for his or her present civilian roles.

Gamble is to not be amongst these receiving each a police pension and civilian wage. He made $145,197 final yr as “Executive Agency Counsel” for the NYPD, in response to public information.

There is a deputy commissioner trial decide helped by two assistants, considered one of whom is Gamble and the opposite with the official title of assistant deputy commissioner trial decide.

NYPD Officers Sanad Musallam, left, and Yaser Shohatee are seen in photos tweeted by the 68th precinct.
NYPD Officers Sanad Musallam (left) and Yaser Shohatee have been fired over the statutory rape of a 15-year-old feminine member of the police youth program.
NYPD

Under the city charter, the “deputy commissioner of trials” and “assistant deputy commissioner of trials” have jurisdiction over inner NYPD disciplinary issues, and, as a result of he holds a special title, Gamble “was without any lawful authority to exercise jurisdiction over [Marks’] disciplinary trial,” in response to the swimsuit.

Marks, who was introduced up on inner fees after being accused of assaulting his ex-girlfriend in 2018, additionally alleges that Gamble ignored proof at his trial, together with GPS information and witness testimony.

“The decision of the NYPD to terminate Petitioner’s employment was made in violation of lawful procedure, was arbitrary and capricious, and was not supported by substantial evidence,” the submitting states.

As such, Marks is requesting that his termination be overturned, arguing his constitutional proper to due course of was violated.

Gamble referred The Post to the NYPD when requested for remark Monday.

An NYPD spokesman mentioned the division would “review the lawsuit if and when we are served.”