Human Rights Commission hears brutality complaint By TOM RUE
MONTICELLO - Monticello police detective Gerard Dietz faced two youths who accused him of using unnessary physical force in arresting them, at a November 19 meeting of the Village of Monticello Commission on Human Rights (HRC). Meeting with the commission was a quorum of the Village Board -- mayor James Kenny, and trustees Gary Sommers and Monis Brafman.Kenny, Sommers and Brafman claimed to be present as members of the public. They arrived early, talked among themselves and with other officials, and sat as a group. The village board is the appointing authority for the HRC and appropriates its funds.
Also present were district attorney Stephen Lungen, police chief Michael Brennan, and about 15 members of the public. Dietz had reportedly just rushed from an unrelated federal civil trial in White Plains, in which he and the village are being sued by Doreen DeBole of Valley Stream for allegedly beating, insulting, and spitting on her while on duty.
Dietz faces lawsuits for alleged exessive use of force in an inordinate number of cases, compared to other Monticello officers. He was recently promoted to detective.
HRC chair Cliff Moore of Woodbourne admitted he wrongly told the public and press, last month, that no complaints had been received regarding Dietz. The River Reporter published some of them only after Moore admitted their existence in the face of repeated questions. "Three complaints were received but we did not review them," he admitted. "Maybe it was a slip on my part. I really do apologize for that."
Jesus Robles, 16, described in detail the night of his September 28 arrest for burglary, claiming he was unnessarily beaten with a flashlight and punched by Dietz.
Moore opined that "no physical damage to either of the victims" could be seen in mug-shots he was shown by police, adding, "I don't think we have a very strong case for pursuing it on a state level."
An high school gym teacher, Moore admitted consulting with Lungen and police on the matter, but not with lawyers for the complainants or at the NYS human rights division.
Under the law, HRC tries to resolve disputes and has the option of referring cases which can't be resolved to the NYS Division on Human Rights.
Robles' codefendant, Mickell Jackson, 17, was asked by a commissioner what he was doing in the building where they were arrested. "To be perfectly honest with you, I was commiting a crime," he confessed. Both boys have since pled guilty.
Some commissioners said they were swayed by this.
The pair is serving two months of weekends in jail and five years felony probation.
Commissioner Roy Parker of Monticello noted, "I personally don't believe that because a person has pled guilty to a charge negates to the allegation of abuse."
"He did have a bloody lip because he did get hit in the lip with a flashlight," said Brennan. In response to questions by commissioners and audience members, Dietz explained his actions while making the arrests. He denied punching Robles in the stomach or mistreating him in lockup.
Commissioners voted 6-2 against sending the complaint to NYS Division on Human Rights. Members Jesse York and Roy Parker voted for further action. Robles intends to proceed with further action, a representative said.
Brennan described the recent installation of video surveillance cameras in the station, to record behavior of police and the public. "It's like a new toy and I think it's going to be a great benefit to the department and the community," he said. He said tapes will be available under freedom of information.
Brennan pointed to three African-American officers and a dispatcher as evidence of reform. Resident Enery Lugo questioned Brennan's use of a "quota system" in hiring, stating more Latinos should be hired. Brennan said any ethnic quotas used in hiring are his, not municipal policy.
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