By JEFF LIPTON
Clifford, 60, said he has been arrested eight times - but never convicted of a crime - while attempting to quiet loud LIRR passengers. He was acquitted on April 8 of third-degree assault, second-degree harassment, disorderly conduct and attempted petty larceny. Manhattan Criminal Court Judge Larry Stephen heard the case on April 7, when Clifford, an attorney in private practice, represented himself in court.
“I don't really care what people do on the subway,” said Clifford in a phone interview on Saturday. “I only care about people who annoy me. I will ask them politely to stop. If they ignore me, I will be as rude to them as they are to me.”
On March 28, 2007, Clifford, a Long Beach resident since 1991, was riding the 7:39 a.m. train, as he did every workday to his job at HBO in Manhattan, when he confronted another commuter, 19-year-old Nicholas Bender. Clifford reportedly snapped his fingers at Bender, who was sitting behind him and talking on his cell phone, and told him to quiet down. When he felt he was being ignored, Clifford allegedly yelled and uttered a slur at Bender, according to court testimony.
When another commuter, Lydia Klein, saw Clifford's aggressive behavior, she tried to hand her business card to Bender, a gesture that meant she would act as a witness against Clifford. Clifford reached for the card, which prompted Klein to say, “No, no, that's not for you.” She put her hand between the card and Clifford's hand, and he struck her twice on the right hand, causing her hand to become red and painful, according to a criminal complaint Klein filed against Clifford.
In the complaint, Klein also alleged that Clifford created a public disturbance and inconvenience and “caused people to express alarm.”
“The court heard the evidence,” Clifford said. “I try to get them to enforce the laws. There should be no unnecessary noise of any kind. If you hear the person next to you, it's a violation that is punishable by a fine.”
Clifford's focus on the rules of LIRR ridership has led to several confrontations on the rails with commuters who have gotten on his nerves. “They don't do anything,” he says of LIRR officials. “When I try to make a citizen's arrest, they lock me up.”
Some commuters reportedly testified that they are “petrified” of Clifford, who is a retired New York Police Department officer.
Clifford accused Klein of slapping his hand first, saying he slapped her hand in response. “I told her to keep her hands to herself,” he said.
He also disputed statements that Bender was on the phone learning about his cousin's kidney failure, saying that it sounded like he was talking to a friend.
This week, Clifford made it clear that he wasn't satisfied with an acquittal in the Bender-Klein case. On Monday morning, at the Island Park train station, he served Klein with legal papers detailing a $15 million suit for false arrest. Klein could not be reached for comment.
The Manhattan District Attorney's Office, which prosecuted the case, did not offer a comment after the acquittal. LIRR spokesman Joe Calderone said of the April 8 verdict, “We're disappointed, but we accept the judgment of the court. Some of our customers feel as if they have been abused by Mr. Clifford's behavior. We will not tolerate aggressive behavior by Mr. Clifford if he seeks to impose his own standards of conduct on others. We will not hesitate in the future to call on police if necessary to protect the safety of our customers and employees.”
Comments about this story? JLipton@liherald.com or (516) 569-4000 ext. 210.
