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ECBAWM, as Independent Investigator, Releases Report on the City of Rochester’s Response to the Death of Daniel Prude

On September 16, 2020, the Rochester City Council, by Ordinance No. 2020-283, appointed our law firm, Emery Celli Brinckerhoff Abady Ward & Maazel, LLP (“ECBAWM”), to serve as Special Council Investigator to investigate the City’s response to the arrest and death of Daniel Prude. On March 12, 2021, we released our final Report of the Investigation.

The Report reflects six months’ worth of work by ECBAWM lawyers and staff; it is over 50 pages in length, and it contains dozens of factual findings, as well as an analysis of the facts as found. No brief public statement can summarize those findings, that analysis, or the Report as a whole. We urge any interested person to take the time to read the Report in full. That said, when our firm was appointed, we committed that our work would answer the fundamental question that many people in the Rochester community were urgently asking, and that many continue to demand an answer to today:

Did officials of City government suppress information about the arrest and death of Daniel Prude between March 23, 2020, when the arrest occurred, and September 2, 2020, when the Prude family publicly released body-worn camera footage of the incident?
The straightforward answer is yes. The Investigation revealed no explanation that fully accounts for the more than four-month delay between the death of an unarmed man at the hands of Rochester police, and public disclosure of the facts and circumstances under which the death occurred — other than a decision or series of decisions not to make such disclosure.
The Investigation uncovered a great deal of evidence and reached specific, sometimes nuanced, conclusions. Understanding that evidence and those conclusions require consideration of the full Report, with time and attention to detail.

The Investigation was conducted by ECBAWM attorneys Andrew G. Celli, Jr.Katherine Rosenfeld, and Scout Katovich; and was supported by paralegals Kathryn Ravey and Jocelyn Rodriguez.

Supporting documentation for the Report can be found at RochesterInvestigation.com.

Media coverage of this Report has been reported by the Associated Press, the Democrat & Chronicle, and NBC New York.

Article

Celli to Lead Independent Investigation of Rochester City Government in the Wake of the Death of Daniel Prude

The Council of the City of Rochester, New York, has selected ECBAWM’S Andrew G. Celli, Jr. to lead an independent investigation of Rochester city government in the wake of the death of Daniel Prude, a mentally ill man who died in police custody last Spring. The death had been attributed to a drug overdose, but police body camera footage and the report of the Monroe County Medical Examiner released in September show that Mr. Prude died of asphyxia while being restrained by Rochester police. The investigation will focus on whether there was an attempt by any city official or employee to suppress the truth about the circumstances of Mr. Prude’s death. In addition to Mr. Celli, ECBAWM partner Katherine Rosenfeld and associate Scout Katovitch will conduct the investigation. Stories about ECBAWM’s investigation can be found in Spectrum News, the Democrat and Chronicle, and in WXXI News: “City Council to hold listening session about recent events” and “Warren, Singletary, Lupien to testify in independent Prude investigation.”

To see the documents made public, pertinent to this investigation, click here.

ECBAWM also represents the Rochester City Council in defending a case brought by the local police union to invalidate a charter amendment that created an all-civilian Police Accountability Board with the power to discipline officers found to have committed misconduct. You can read about ECBAWM’s work in Rochester in the Democrat and Chronicle.

 

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