Manhattan judge denies Legal Aid request to free hundreds of George Floyd protesters held more than 24 hours

Protesters arrested after defying the curfew and clashing with police at Cadman Plaza and Johnson Street in downtown Brooklyn on Wednesday. 

A Manhattan judge sided with police on Thursday by denying Legal Aid lawyers’ request for the immediate release of hundreds of prisoners held in custody for days after their arrest amid George Floyd protests.

The emergency lawsuit filed Tuesday against the NYPD called for the release of 108 New Yorkers “detained illegally” in violation of New York state’s 24-hour arrest-to-arraignment requirement.

As of the Thursday afternoon hearing, the number of people arrested in Manhattan who have been waiting to see a judge in cramped cells for more than 24 hours had climbed to 202, according to an NYPD lawyer.

After lengthy arguments from Legal Aid and city lawyers — who all appeared via video — Manhattan Supreme Court Judge James Burke denied the request, saying the police processing of the cases is “a crisis within a crisis."

A man is arrested at 50th Street and Third Avenue in Manhattan on Wednesday, June 3. (Marco Poggio/for New York Daily News)

Burke elaborated, saying he saw “a civil unrest crisis within the overarching Covid-19 crisis.”

"To that end, the entire police department has been deployed and the entire Manhattan DA’s office is, quote, all hands on deck and working to relieve the problems which we are currently addressing,” Burke said.

“It is simply a fact that virtual parts [remote hearings] slow down the pace of arraignments, including but not limited to technical issues," Burke said. He also noted that the volume of cases before the courts and police has increased.

This male is arrested on the corner of W. 14th Street and Fifth Avenue in Manhattan on Tuesday, June 2. (Sam Costanza/for New York Daily News)

Burke said in this case, an exception the 24-hour rule could be made because of the unusual circumstances.

Legal Aid Society lawyers said they’d monitor the situation and would appeal “if necessary.”

“We are also disheartened, however, because the overwhelming number of people held illegally are those accused of charges that should have resulted in their automatic release,” the society said in a statement.

"Motivations aside, the NYPD is fully responsible for the hundreds of New Yorkers who are currently languishing in cages, deprived of their due process rights and at an increased risk of contracting COVID-19.”

Social distancing is nearly impossible in holding cells, NYPD Assistant Deputy Commissioner Janine Gilbert said in court.

“But I might add that these protesters are not social distancing when they’re out in the street,” she said.

Protesters are arrested after defying the curfew and clashing with police at Cadman Plaza and Johnson Street, Wednesday, June 3. (Jeff Bachner/for New York Daily News)

Gilbert said police have been slow to process arrests due to “chaos” in the streets, which she added has been “downright scary."

“We’re in the midst of a global health pandemic with coronavirus causing Covid-19, extreme civil unrest and rage against the police department due to the murder of George Floyd in Minnesota by police officers," she said.

“And there are many disorderly people — looters and rioters — who are fighting with the police, throwing bottles at the police, throwing Molotov cocktails at their vehicles, setting several ablaze, throwing flaming garbage and Molotov cocktails at vehicles with officers inside them.”

Gilbert said that during the protests, people arrested have been brought en masse to a processing center and placed in cells divided by gender.

Several protesters are arrestted on Broadway at Astor Place following the smashing of windows at a nearby Gap store on Tuesday, June 2. (Sam Costanza/for New York Daily News)

The area for women has about 18 holding cells, which allow no more than three people per cell, with a total capacity of approximately 50 women. Each cell has a toilet and a single bed, Gilbert said.

The holding cells for men have for 150 men, bathroom amenities, “several benches for seating,” drinking water, and a sink with soap, she added.

A total of 1,730 people were arrested and brought to the center between May 29 through Wednesday, with the vast majority being issued summonses or desk appearance tickets. A total of 158 stayed in the cells and were arraigned, according to Gilbert.

The NYPD said cops have provided masks to suspects not wearing them when they were arrested, but said there is no hand sanitizer dispensers in holding cells as prisoners were making weapons out of them.

Senior staff attorney for Legal Aid Marlen Suyapa Bodden lambasted the NYPD’s narrative, claiming the NYPD has ample resources to handle the caseload and is delaying the processing on purpose.

Protesters are arrested after defying the curfew and clashing with police at Cadman Plaza and Johnson Street, Wednesday, June 3. (Jeff Bachner/for New York Daily News)

“They have 38,000 police officers, so they have plenty of police officers to do their policing work. The fact is, the police department is not doing its job,” she said.

"The NYPD is one of the wealthiest police departments in the world. They have access to the best technology and that’s why they can run around surveilling people, wiretapping people, doing all sorts of things.

“But now, when it comes to processing protesters, people who are asserting their First Amendment rights, oh, all of a sudden, because they’re protesting police brutality, now we’re back to the days of carrier pigeon.”