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NYPD Cop and DV Victim Files Second Notice to Sue

For Immediate Release

 

NYPD Suspension Triggered By Fake News ‘Clickbait’ Story Published In the New York Daily News Based On Unauthorized Release and Publication of Stolen Personal Videos

 

New York, NY, July 6, 2017 – A $50 Million Notice of Claim filed against the City of New York alleges a police cover up, calls for an independent investigation, and requests Domestic Violence Victim Delinda Giraldo be immediately reinstated to the force.

The claim alleges that the NYPD violated criminal and civil rights laws when it suspended Giraldo, a cop who is suffering mental anguish, and pain because of the action taken by the police brass.

Sanders said that police investigators cited the fake news ‘clickbait’ story published in the New York Daily News as ‘cause’ or justification the NYPD used to the drug test and suspend Giraldo. He said the story was based on stolen, private home videos illegally posted to social media and the paper’s website. Other news and blogs re-posted them as well.

The claim cites local laws against domestic violence, and state, and federal Civil Rights laws designed to protect abuse victims from their attackers as the reasons for Giraldo’s immediate reinstatement.

The claim also requests the criminal and internal investigations be referred to the New York City Department of Investigation because of conflicts of interest with the NYPD Internal Affairs Bureau.

“Clearly, the NYPD violated Ms. Giraldo’s Civil Rights and has yet to act against her abusers,” Sanders said. “There is no way to justify suspending her based on a fake news story while allowing her abuser to remain on the job. There are photos, and several witnesses, including a NYPD Detective who can verify she is a victim of domestic violence.”

The claim says the NYPD should immediately suspend Police Officer Michael Martinez who is under investigation for domestic violence in several counties. Allegations of corruption and abusing other women have also been leveled against him, the claim alleges.

Detective Raul Rodriguez should also be immediately suspended for not notifying the NYPD Internal Affairs Bureau, or turning over evidence given to him by Giraldo, including bloody pictures taken after Martinez allegedly broke her nose.

The claim alleges that Detective Rodriguez “had direct knowledge she (Giraldo) was the victim of domestic related crimes, failed to take police action and notify the Internal Affairs Bureau. In particular, Detective Rodriguez knew that police Officer Michael Martinez aka Michael Steven Hosepdales-Martinez fractured her nose and beat about her body.”

The claim alleges Giraldo showing “the serious injuries sustained to her face and body” on or about June 17, 2016 sent Detective Rodriguez “several bloody pictures”.

NYPD Police Officer Delinda Giraldo pictured with fractured nose, an alleged domestic assault
NYPD Police Officer Delinda Giraldo pictured with fractured nose, an alleged domestic assault

The claim says that Detective Rodriguez later went to the home Giraldo shared with her then live-in boyfriend Martinez.

“Police Officer Martinez admitted fracturing her nose along with the other injuries” to Detective Rodriguez, the claim alleges.

“Frankly, Detective Rodriguez knew about the numerous other times as well including when Police Officer Martinez choked Claimant in the Bronx,” the claim alleges. “Throughout the physical and mental abuse of Claimant, she sent numerous pictures and videos to Detective Rodriguez, he never took any police actions to help her and notify the Internal Affairs Bureau.”

Sanders said that he interviewed a confidential witness who can confirm that Detective Rodriguez knew of the alleged crimes committed against Giraldo by Police Officer Martinez.

“Police Officer Martinez admitted to him [Rodriguez] that he was in possession of her stolen private files,” the claim alleges. Detective Raul Rodriguez failed to take proper police action and notify Internal Affairs.”

“Rodriguez also told the confidential witness that Police Officer Michael Martinez has done similar things like this to other women including his daughter,” the claim alleges. “Having ‘probable cause,’ Claimant demanded the immediate arrest and suspension of Police Officer Michael Martinez and Detective Raul Rodriguez. Both committed crimes related to Grand Larceny, Criminal Contempt, Criminal Facilitation, Witness Tampering, Criminal Possession of Stolen Property and Aggravated Harassment.”

Sanders called on the New York City Department of Investigation to review and take over the case.

“Since serious allegations in several logs relate to members of the Internal Affairs Bureau including Deputy Commissioner Joseph Reznick and other high ranking members of the Department authorizing employment actions against Claimant inconsistent with prevailing law, she is demanding Police Commissioner James P. O’Neill to conflict these matters out of the agency to the Department of Investigation for investigation and review.”

Sanders said he notified the Internal Affairs Bureau about the allegations but still no action has been taken except the illegal suspension of his client without pay.

“They have failed to arrest Police Officer Michael Martinez and Detective Raul Rodriguez, issue her a Log No., or restore her back to FULL DUTY with all pay and benefits since the beginning of this ordeal,” the claim alleges.

Sanders alleges in a previous Notice of Claim filed with the New York City Comptroller’s Office on July 5 that NYPD investigators violated Giraldo’s Civil Rights by forcing her to submit hair and urine samples for a drug test. The next day she was suspended.

Sanders accused both the NYPD and The New York Daily News of taking actions that hurt his client without knowing the facts.

Sanders said the New York Daily News story unfairly portrayed his client – a Domestic Violence victim who was sexually abused as a child – as a racist who violated departmental policy based on the stolen videos posted on Twitter and Instagram.

“The law is very clear that my client cannot, nor any NYPD officer, be disciplined for behavior before they joined the force,” Sanders said. “The videos were reviewed by the Air Force years ago, and no action was taken against my client.”

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. The Sanders Firm, P.C. is your voice for justice!

CONTACT

Eric Sanders, Esq.
Business Phone: 212-808-6515

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Read Notice of Claim