NY’s Promised Police Reform Is Being Ignored —At Expense of Lives & Justice For Our Most Vulnerable & Families By Marc Fishman

Date:

While headlines swirl around high-profile court cases in New York for the politically-connected and ultra-wealthy, a quieter crisis continues to unfold in plain sight—one that reveals just how far we still are from delivering justice to the communities that need it most.

In the wake of the George Floyd murder and subsequent national call to action, we saw glimmers of reform on the horizon. As a disabled Dad who was unjustly arrested by officers with records of extreme misconduct, I was cautiously optimistic about these travesties of injustice being vehicles for positive change. 

That hope was especially bright for me, and countless others arrested by officers who skirt the law in December 2024, when New York State Attorney General Letitia James released the annual report from the Law Enforcement Misconduct Investigative Office (LEMIO), a powerful tool designed to uncover and curb patterns of police misconduct. 

Among those listed in the report was my Westchester County arresting officer, Lane Schlesinger—a former member of the New Rochelle Police Department (NRPD) who had been disciplined for no fewer than 25 complaints of misconduct and minor infractions. 

Twenty-five. And yet, when I walked into a police station in 2018 seeking to enforce a court-ordered supervised visit with my autistic son, he was still on the job. I was denied that visit. I never even stepped onto the property. Still, I was wrongfully arrested—and have been fighting ever since to clear my name.

I have cognitive and communicative impairments resulting from car accidents. Despite those disabilities, and with no criminal history, I was treated not as a father trying to see his child, but as a threat. My visitation status was falsely marked as “unknown” despite video evidence proving otherwise—evidence that was never admitted into discovery. Meanwhile, my children have waited over 1,559 days to see their father.

What happened to me is not an isolated error. It is a symptom of a system that routinely overlooks misconduct, especially when it’s committed against those who are disabled, marginalized, or without influence. Especially in cities like New Rochelle, which has seen police misconduct rates rise. 

Unscrupulous officer Schlesinger was eventually reassigned to desk duty. But what does that do for the countless lives affected by his conduct? What does it do for my children, or for the integrity of the legal system? And he wasn’t the only one. 

Officer Sean Kane, also involved in my arrest (and countless others) was suspended in 2024 after being caught on body camera allegedly planting drugs on a defendant—an incident that made national news. And yet, despite this public record of misconduct, no action has been taken to revisit my case.

That’s why we have an appeals process. That’s why LEMIO was created—to serve as an external mechanism for accountability. But what good is a watchdog if no one listens to it?

District Attorney Susan Cacace, elected to purportedly bring fresh oversight to Westchester County, has ignored multiple requests to review my case, even after it became clear that one of the arresting officers had engaged in a “pattern or practice of misconduct, excessive force, or acts of dishonesty,” as documented by the Attorney General. Meanwhile, she very publicly dismissed competing DA candidate William Wagstaff’s plan to expand a conviction review unit. 

I’m fortunate enough to have the resources to fight, and the ability to write – but it brings to question: How many other cases involving officers flagged in the LEMIO go unchallenged by those arrested? How many others are being quietly ignored?

This is not fair prosecution. This is persecution. And I am not alone.

In 2022, I was honored with the New York State Senate Commendation Award for my disability rights advocacy, after successfully fighting for ADA accommodations in family court. But I shouldn’t have had to fight that hard just to be seen and heard. I’m fortunate to have the ability to advocate for myself, but there are so many others—especially disabled individuals—who are denied that same opportunity.

We must stop pretending that publishing a report is the same as achieving reform. The LEMIO report offers a roadmap. It offers evidence. But it also demands action—by district attorneys, by judges, by state leaders who promised to root out injustice and restore public trust in law enforcement.

When those in power ignore the tools meant to protect the vulnerable, they send a chilling message: that misconduct will be tolerated, and that the lives it destroys are acceptable collateral damage.

Justice delayed is justice denied. But justice ignored? That’s a failure of conscience. New York has the data. It has the mandate. It just needs the will.

Editorial originally appeared in the June 2025 Pre-Primary Issue of Black Westchester Newspaper

2 COMMENTS

  1. Unfortunately he’s correct and he’s not alone. He and countless other victims are not being heard. When they go to the agency’s or institutions set up to aid and assist them – nothing resembling justice is received. It’s not a lack of evidence concerning a wrong committed and its not a lack of data to establish a need for true reform. What is lacking is the will to hold the guilty accountable.

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