Francis X Livoti

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Francis X. Livoti, currently a PBA union delegate for the 46th precinct in the Bronx, was the primary officer involved in the death of Anthony Baez, under police custody in December 1994.

The case garnered national media attention primarily because of racial tensions (Livoti is white, Baez was hispanic) and public outcries of police brutality. Baez’s death was seized on by people who said that the police are too quick to use deadly force. Following eagerly on the acquittal of police officers involved with the death of suspect Ernest Sayon in Staten Island, the media and public were out for blood and they demanded a pound of their flesh. The Baez incident was just what the mob was craving, violence and tragedy perpetrated by the 'evil' white man. [[1]]

In the Sayon case, the Medical Examiner's office found that he (Sayon) had died from the pressure applied to his chest and back by the police. A grand jury refused to indict officers Donald Brown and Gregg Gerson, the primary officers involved. Sayon was black and died in the custody of a special anti-drug unit that had been in existence for only three weeks, at the 120th Precinct, known as the Street Narcotics Enforcement Unit. Fortuneately for the 120th and the residents of Staten Island, the issue of racism could not be raised since officer Donald Brown was also black.[[2]]

Racial tensions were still fueled however, by the death of another police suspect in custody, Johnny Cromaterie, in Manhattan. Cromaterie, a black man, was 5'9" tall, weighed over 230 pounds and was an epileptic. Even though NYC's Chief Medical Examiner ruled his death a homicide, a grand jury declined in Feb 1994 to indict any of the five (5) officers involved, ruling that their use of force was justified. [[3]]

Officer Francis X. Livoti was just what the mob wanted, a white officer with over nine complaints (almost all of them unsubstantiated), which spanned over a decade. His 550 successful arrests were never noted by the media, which when averaged out amounted to one complaint for every year of his, until then, exemplary service. That’s one bad day, out of 52 weeks, over the course of his fifteen year career. The media gleefully stirred more tensions as they tried and vilified officer Francis X. Livoti in the press.[[4]]

The fatal encounter began when the man, Anthony Baez, and his brothers hit police cars with their football several times on the eve of the winter solstice of 1994, in the Bronx, around 1:30 am. Officer Francis X. Livoti ordered them to leave and after the Baez brothers refused to end their game, the situation escalated when David Baez openly defied the Officers’ direct orders. Officer Francis X. Livoti arrested David Baez first and then arrested Anthony Baez, who had been protesting his brother's arrest, by crossing his arms and taking a beligerant stance. This proved to be a fatal mistake on Anthony Baez's part. A scuffle ensued with Francis X. Livoti and his fellow officers who had arrived on the scene. Anthony Baez, a 5'6" tall asthmatic, was morbidly obese (270 lbs) and outweighed the 5'10" lean officer, Francis X. Livoti by about 100 pounds. It was argued that the force used by the police to subdue Anthony Baez caused his death. The NYC Medical Examiner's office ruled that the death of Anthony Baez was caused by asphyxiation "due to compression of his neck and chest" as well as acute asthma. [[5]]

The untimely death of Anthony Baez during the Christmas season was a tragedy the media was more than willing to sensationalize. Unfortunately for officer Francis X. Livoti, the third most notable incident involving NYPD police brutality in 1994, was the final charm for the press. This time, the media was more than willing, ready and able to crucify the hand that protects, [[6]] especially after the recent acquittals of other officers involved with 'deaths of suspects in police custody'.

The Civilian Complaint Review Board in another case involving the 46th precinct (occuring within a month of the Baez incident), found that detectives Patrick J. Brosnan and James Crowe had used excessive force, in the deaths of suspects Anthony Rosario, and Hilton Vega. Although the cases were unrelated, the media fueled suspicions in the Hispanic neighborhoods of the Bronx that some officers, particularly those who were white, treated residents with little respect and in some cases, abuse. In March 1995, a Bronx grand jury cleared the detectives of criminal misconduct.[[7]]

The mob undoubtedly prefers the taste of white meat, which is also apparent in the case of officer Frank Speringo, convicted of manslaughter and assault in 1996. Mr. Speringo faced 4 to 12 years in state prison for the accidental shooting of Maria Rivas. Just before his verdict was announced, ex-officer Frank Speringo was quoted as saying,"Why am I here? Because this is the Dominican community and I'm a white cop."[[8]] In passing sentence, despite Mr. Speringo's obvious show of remorse, Judge Berkman said that Mr. Speringo suffered from "an arrogance of power, an inability to tolerate an insult to authority. [[9]]

The last time an officer was convicted of a killing, prior to Mr. Speringo's case, was over twenty years ago. Thomas Ryan was the first on-duty New York City police officer convicted of criminally negligent homicide in the death of Israel Rodriguez (Ryan is white, Rodriguez was hispanic).[[10]]

In 1977, Thomas Ryan was sentenced to four years despite jurors misgivings. Mr. Ryan was quoted as saying,"I was a police officer of the city of New York performing my duty." [[11]]

Is this proof of police brutality or is the media being socially irresponsible by deliberately fanning the flames of racism for the sake of a few headlines?

To date, there exists over 160 articles in the NY Times citing officer Francis X. Livoti. All articles referenced herein are from the NY Times.

History is subjective. You be the judge.

[edit] Criminal Trials and Investigations

In March 1995, a Bronx grand jury indicted Officer Livoti on charges of manslaughter in the second degree. Homicide charges against officer Livoti were thrown out after an indictment with an incorrect charge was noted. [[12]]

In December 1995, Officer Livoti was reindicted for criminally negligent homicide. [[13]] Francis X. Livoti's trial began in September, 1996. He had waived his right to a jury trial and instead opted to have the case heard solely by a judge.

In October 1996, Officer Francis X. Livoti was acquitted by a State Supreme Court Justice. Fearing reprisals [[14]] and heeding to the outcries of the public, Federal prosecutors reopened the case against Officer Livoti, in the death of Anthony Baez. [[15]] The Federal prosecutors were not constrained by double jeopardy, that is, charging Officer Livoti twice with the same crime. Instead they turned to the same civil rights statute that was used to convict Los Angeles police officers Stacey C. Koon and Laurence Powell for the beating of Rodney King.

Meanwhile, in national news, the Feds were reluctant to pursue al Qaeda terrorists throughout the 1990s (despite the fact the United States had suffered repeated attacks at their hands between 1993-2000). The Justice Department did not have enough evidence to satisfy the legal standard for a criminal arrest of Osama Bin Laden [[16]].

Instead, "It's more newsworthy to bash Livoti than to give him a fair trial." said Mr. London, Mr. Livoti's lawywer.[[17]]

Interestingly enough, of all the other officers involved in police brutality cases mentioned herein, only Stacey Koon (also convicted of a civil rights violation), has warranted a page in Wikipedia history. Perhaps police officer Francis X. Livoti was just 'the white man at the wrong time' .

[edit] Conclusion

"The notion of Federal prosecutors taking over a state case that has already been prosecuted strikes many as paternalistic and disrespectful to the integrity of a verdict pronounced by a judge or jury." Officer Livoti was acquitted in state court for a homicide category that draws a modest sentence, while the Federal penalty is exponentially higher. [[18]]

In June 1998, Livoti was convicted in Federal court of violating Anthony Baez’s civil rights. [[19]]

Francis X. Livoti was sentenced to seven (7) and a half years in federal prison.[[20]]

To date, ex-police officer Francis X. Livoti vehemently denies using an illegal choke hold on Anthony Baez, and contends that Baez died because he struggled while resisting arrest after playing football in the cold (despite the fact he had asthma). [[21]]

Livoti was released in April 2005, after serving six and a half years.[[22]]

The question remains then did Commissioner Howard Safir, Mayor Rudolph W. Giuliani and news organizations scapegoate Francis X. Livoti to ease concerns about the more aggressive law enforcement style police adopted in 1994? Or rather was he simply punished and crucified unfairly for purely political motives? Apparently, the media sees only what it wants (or rather what sells) and that there truly is "No Room for Heroes" . [[23]]