A Disabled Father Explained How New York’s Justice System Can Acknowledge Misconduct and Still Do Nothing

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There are interviews that feel like commentary.

There are interviews that feel like a performance.

And then there are interviews where the truth lands quietly and sits there.

That’s what happened when Marc Fishman and James Christopher joined People Before Politics Radio, Sunday, December 21st.

No shouting. No grandstanding. Just a father and an advocate explaining, step by step, how New York’s justice system officially recognized misconduct in a police officer’s record, yet never required prosecutors to revisit the damage that misconduct may have caused.

“This Isn’t About One Officer”

Marc Fishman is a disabled father with hearing and neurological impairments. During the interview, he spoke carefully and deliberately, not to dramatize his story, but because disabled people learn early that rushing their words often means being ignored or misunderstood by institutions.

What Marc described was not chaos. It was a process.

He explained that police video exists in his case, a video in which the arresting officer states plainly that Marc had no intent to commit a crime. That footage was never shown to a judge or jury. It surfaced years later.

As Marc explained on the show, the system did not grind to a halt when that evidence emerged. Court dates continued. Motions were denied. The case moved forward as if nothing new had been learned.

“This isn’t about one bad cop,” Marc said. “It’s about what happens after misconduct is known.”

The Officer Was Flagged. The Case Was Not.

James Christopher provided the broader context listeners needed to understand why Marc’s case didn’t automatically trigger review.

The officer involved in Marc’s arrest later accumulated 25 civilian misconduct complaints and was ultimately fired. The officer was flagged by the state’s oversight body, the Law Enforcement Misconduct Investigative Office (LEMIO), an office within the Attorney General’s authority tasked with identifying and reporting patterns of law enforcement misconduct.

But as James explained during the interview, LEMIO’s power stops short of enforcement.

LEMIO can investigate.

LEMIO can designate officers as engaging in pattern misconduct.

LEMIO can publish findings and make recommendations.

What it cannot do under current law is require District Attorneys to reopen or review cases tied to those officers.

So even after an officer is formally identified as having a pattern of misconduct, people arrested, charged, or convicted based on that officer’s actions may never receive a mandatory review of their case.

Marc’s case did not.

The Quiet Harm of Procedure

One of the most striking moments in the interview wasn’t about legal doctrine, it was about time.

Marc spoke about years passing without seeing his children. About continuing court proceedings even after new evidence surfaced. About being denied even a brief stay to bring that evidence before federal court.

No one interrupted him.

Because what Marc was describing wasn’t a spectacle. It was the slow, procedural erosion that happens when accountability depends on discretion instead of obligation.

James framed it clearly: when misconduct findings don’t trigger required legal review, accountability becomes optional. And optional accountability depends on bandwidth, politics, and priorities, none of which defendants control.

Why They’re Pushing for a Law Change

Marc and James didn’t come on People Before Politics just to tell a personal story. They came to explain why they are advocating for a targeted amendment to New York State law known as the Pattern Misconduct Conviction Review Act.

As James explained, the proposal does not presume innocence or guilt. It does not mandate outcomes. It mandates review.

The amendment would require District Attorneys to:

  • Review cases involving officers officially designated for pattern misconduct
  • Make determinations within defined timeframes
  • Provide transparency when deciding whether convictions were materially affected

It would also ensure access to legal counsel and timely bail hearings for impacted defendants.

In short, it closes the gap between identifying misconduct and addressing its consequences.

Marc said something during the interview that stayed with listeners:

“If this can happen when the evidence is on tape, imagine how often it happens when it isn’t.”

Why This Matters Beyond One Case

New York ranks third in the nation for wrongful convictions. New York City alone also ranks third. Those rankings are not driven by isolated incidents, they reflect systemic failures to reassess cases once misconduct is formally acknowledged.

The interview made clear that Marc’s case is not an exception. It is an example of how the system currently functions.

The law allows the state to say, “Yes, misconduct occurred,” without ever asking, “Who was affected and should their case be reviewed?”

Where Listeners Can Learn More

For listeners who want to review the evidence discussed on People Before Politics Radio, follow the proposed reform effort, or support the push to close this accountability gap in New York law, more information is available at Protect New Yorkers and NewRochellePoliceAbuse.com

The site provides case documentation, video evidence, and details about the proposed legislative fix being advanced by Marc Fishman and his supporters.

A Question the Law Hasn’t Answered Yet

Marc Fishman didn’t ask for sympathy on People Before Politics.

James Christopher didn’t ask for blind allegiance.

They asked a narrower, harder question:

If the state confirms misconduct, doesn’t it also owe the public a review of the harm that misconduct may have caused?

Right now, New York law says: not necessarily.

This amendment says otherwise.

And after hearing Marc and James explain the reality, calmly, carefully, without theatrics, it’s a question lawmakers can no longer claim they haven’t heard.

Larnez Kinsey
Larnez Kinsey
Larnez Kinsey is a writer for Black Westchester Magazine, a public-health advocate, and a seasoned New York State civil servant with two decades of service, including the last ten years as a Security Hospital Treatment Assistant in a maximum-security forensic psychiatric facility. With deep expertise in crisis management inside one of the state’s most demanding environments, she brings unmatched frontline insight into trauma, safety, human behavior, and the systemic gaps that influence community outcomes. A lifelong supercreative, Larnez is also the Co-Founder and CEO of BlackGate Consulting Group, where she uses her multidisciplinary skill set to drive transformative change for businesses, nonprofits, and community-based organizations. Her work bridges policy, protection, and healing, grounded in a clear understanding of cybernetic ecology, New York’s cultural landscape, and the interplay between mental health and community resilience. Larnez is additionally a co-host on Black Westchester Magazine’s flagship shows, People Before Politics and The Sunday Rundown, where she elevates community voices and engages in conversations that challenge systems and amplify truth. She also serves as the Economic Development Chair for the Yonkers NAACP and is a Reiki Master Teacher, integrating holistic wellness with strategic advocacy. Through every role, Larnez remains committed to empowering individuals, strengthening communities, and moving resources to the places where they can create the greatest impact.

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