CCRB finds excessive and unnecessary use of force

The New York City Citizens Complain Review Board [CCRB] has found that NYPD officer James Frascatore, 38, did use excessive force when he tackled former tennis pro James Blake, 35, outside of the Grand Hyatt Hotel in New York City on Sept. 9. Mina Malik, the Executive Director of the CCRB said, “The CCRB is committed to conducting thorough and rigorous investigations on an expedited schedule in all cases that can be resolved quickly. The Blake matter falls into this category, and we resolved it in under 30 days."

NYC established the CCRB as an independent body to investigate complaints against NYPD officers in which “the use of excessive or unnecessary force, abuse of authority, discourtesy, or the use of offensive language” is alleged.

Frascatore an Oceanside resident, and another officer, Daniel Herzog, both working in plain clothes on a credit card sting operation, were allegedly told by an informant that Blake, who was standing outside of the hotel looking at his cell phone, was involved. Frascatore, tackled and wrongly arrested Blake, according to a CCRB letter sent to Blake’s attorney Oct. 6. The letter “recommended the stiffest punishment: departmental charges that could lead to suspension or dismissal,” according to reports in The New York Times. Meanwhile The NYPD is still conducting its own investigation, and will now face an internal trial. NYPD Police Commissioner William Bratton will have the final say on how Frascatore will be disciplined.

In a statement Blake said, “I want to express my appreciation to the Civilian Complaint Review Board for their quick and thorough review of the incident where I was attacked ¾ the CCRB has substantiated the Complaint, filed on my behalf by my attorney Kevin Marino, against James Frascatore [for excessive force], and Daniel Herzog [for abuse of authority]. It is my understanding that these officers now face an administrative trial for their roles in the respective offenses. I have complete respect for the principle of due process and appreciate the efforts of the CCRB to advance this investigation.’’