NYC: Be the first one to call the cops!

[ELB]

Wright v. Musanti, US Court of Appeals, Second Circuit

The link is to a federal appellate court decision in a civil suit, but the suit is over a criminal event that I think has some instructive value about calling the cops first, pro se representation, acting as a witness... as well as some entertainment factor.

Wright and Musanti were a man and a woman who worked in adjacent office buildings in Manhattan, but had never met until one morning at about 0900 when they were both walking in the same direction on a sidewalk towards their respective buildings. At one point Musanti crossed paths with Wright, then a short time later he crossed in front of her, close enough that she stepped on his heel and stumbled because of it. She then kicked him again, on purpose, words ensued, during which she tried to kick him again. Wright attempted to leave but Musanti blocked his path into his building, and "continued aggressive statements" to him.

He "lightly" pushed her aside whereupon she began hitting, kicking, scratching - and pinned him against the building! (Apparently he was a slightly built accountant, and she was a "medium sized" woman). Wright then pulled her to the ground, and the building security guard pulled Wright away from Musanti. At which point she again blocked his path into the building, but eventually he made it in.

The NYPD then showed up and questioned Musanti and bystanders about the altercation. She claimed he was the aggressor, and seven to nine (!) cops went to Wright's office and arrested him, cuffed him, and marched through the offices and lobby. They parked him in the back of a police car for 45 minutes while they asked Musanti what she wanted to do, and she pressed charges. They then took Wright to a local station, held him for forty more minutes, and then released him on a "desk ticket."

Wright was charged with two counts of assault in the third degree, one count of attempted assault in the third degree, and one count of harassment in the second degree. He paid $5,000 for a lawyer and several hundred more for an investigator and had to make five court appearances. The charges were then dismissed...because Musanti repeatedly failed to show as a witness.

Wright then sued Musanti and at least one of the cops, for at least $75,000 in damages.

Because he was suing the cop under 42 U.S.C. § 1983 (which if I recall correctly is deprivation of rights under authority of law), the suit was heard in Federal district court. He also sued the Musanti under state law for state law assault, battery, false arrest, and malicious prosecution , but the whole thing was heard in the Federal district court as a single trial.

The district court cut loose the cop, but retained jurisdiction over the state claims for reasons you can read at the link. In a one day bench trial (no jury) the judge ruled in Wright's favor and awarded him $1.00 (that's ONE dollar) for the assault and battery claim, $5000 for the false arrest claim, and $10,000 in punitive damages. (I'm thinking this probably barely covered fees to his lawyer and investigator plus time off at work for all the court appearances).

Things that worked in Wright's favor were that a surveillance video (I assume found by the investigator) that covered part of the incident showed Musanti to be lying about various actions. While Wright had a lawyer, Musanti represented her self and was impeached on the stand during her testimony during cross-examination. Also the judge found Musanti’s demeanor was “excitable, impulsive and defensive,” while Wright was “in all respects credible,” because his “testimony was consistent and his demeanor was measured and calm.”

Musanti appealed the trial court's decision to the 2nd Circuit appeals court, but lost.

[The Annoyed Man]

Musanti sounds like another Jabba the Hutt.

[MaduroBU]

Has Musanti continued to escape prosecution for the assault that she committed?

[ELB]

Has Musanti continued to escape prosecution for the assault that she committed?

I don’t know. The appellate court dealt only with the civil case, but there’s no mention of her ever being criminally prosecuted for lying to the police or assaulting the man.

[ELB]

Judge’s decision from trial, contains more details.

https://www.leagle.com/decision/infdco20170123a07

[BBYC]

Charging the victim because he's black is pretty low, even for NYPD.