ALBANY, N.Y. -- A lawyer countered arguments that state police engaged in unconstitutional racial profiling in Oneonta 13 years ago, saying troopers questioned people "on the wholly legal basis" of an assault victim's description of her attacker.
"There was no citywide sweep of black people. There was no racial profiling. ... No one in this case was questioned on the basis of race," Assistant Attorney General Michael Rizzo said Monday. The police policy of pursing possible suspects based on a victim's description is "race neutral," he said.
The suit in the state Court of Claims seeks damages on behalf of 60 black people, most whom were students in September 1992 at the State University College at Oneonta. The suit seeks more than $3 million, claiming violations of state constitutional rights to equal protection and against unlawful searches.
"State police stopped or sought to stop every black person in Oneonta and sought to examine their hands," attorney Scott Fein said in his opening statement. He said the victim's description of her attacker was questionable, made in the dark, and she only saw his hand and heard his voice.
Ricky Brown, then an Oneonta freshman, was questioned by police. He said Monday outside the courtroom that it was already hard to be a minority student on the upstate campus, but the police actions divided the school and "made it very tough."
"Afterward, it was sort of a witch hunt for anybody that was black," Brown said. He finished four years at Oneonta State, then got a law degree from Boston College. He's both lead plaintiff and helping with the case.
Fein said college administrators gave police a list of more than 100 black male students, who were systematically questioned and had their hands and arms examined for wounds. He said black residents of the mostly white city got similar treatment, as did a black college employee as she tried to board a bus.
The college official who turned over the list of names was temporarily demoted. Former Gov. Mario Cuomo, the state police and Oneonta State officials all apologized for the searches.
The state Court of Claims initially said it did not have the authority to consider claims for monetary damages against the state based on alleged constitutional violations. However, in 1996 the state's highest court, the Court of Appeals, ruled that New Yorkers could seek monetary damages if state government violated their constitutional rights.
Fein said they have offered several times to settle the case for a promise that similar racial profiling won't happen again and a policy change with training for State Police.
Paul Larrabee, spokesman for the state attorney general's office, said various potential remedies were discussed in settlement talks. "In the end we did not reach a mutual agreement so we moved to trial," he said.
Retired State Police senior investigator Carl Chandler, questioned Monday on his use of a particular evidence in directing the investigation, said, "I used everything."
Following the incident, the school took steps to increase sensitivity at the college, including training for faculty and staff, increased minority hiring, increased funding for minority programs and counselors for students.
SUNY-Oneonta spokeswoman Carol Blazina has said the school would not comment while the case is in litigation in lower courts.
This is cache, read story here