Police union criticizes Dover officials' response to allegations of cops' excessive force

In a scathing letter to Dover town officials, the local police union alleges that Mayor James Dodd was "unjustly scapegoating police officers" in comments he made about a video showing a Dover police sergeant repeatedly punching a suspect last month.

The letter, written by attorney Peter Paris on behalf of Policemen’s Benevolent Association Local 107, said Dodd had "rushed to judgment" and accused the mayor of saying the arrest "constituted 'abuse' that you won't 'tolerate.' "

Dodd had called the images in the video "disturbing" before urging "everyone to show restraint until all the facts are in and an independent investigation is completed." He said he would not "tolerate" any officer abusing "a member of the public." He also said he would take "swift action" if the state Attorney General's Office finds misconduct.

On May 19, Dover police arrested 19-year-old Cyprian Luke of Morristown, who was wanted on outstanding warrants. Sgt. Michael Pier said in an affidavit that Luke tried to run and then continued to resist arrest after being pulled to the ground. Pier is is seen on video punching Luke in the face as the teenager is being held on the ground. Two other Dover officers were involved in the arrest.

Paris labeled the June 7 correspondence as an open letter, addressing it to Dodd and sending copies to other town officials. The mayor did not respond to a message seeking comment Tuesday. The town administrator, Donald Travisano, declined to comment.

In the letter, Paris accused Dodd of "pandering to the media and shamefully throwing our police officers under the political bus." He wrote that the mayor's comments and actions were part of a "politically driven media firestorm that followed" the arrest. He also criticized town officials for placing the officers on a paid leave of absence.

DOVER COP: Officer who repeatedly punched suspect has been at center of several lawsuits

Policing experts say many departments place officers on paid leave when they are being investigated for allegations of misconduct. Dover officials did not respond when asked if they have such a policy.

"That's proper," Richard Rivera, a former West New York police officer and an expert on police practices, said of such policies. "It's not punishment. These investigations take time. You can't have officers engaging with the public when there's alleged excessive force."

Paris wrote that officers were surrounded during the arrest by "an unruly crowd of 10 or more threatening people" who had "implicitly threatened to attack and/or try to rescue Luke from custody."

VIDEO:Dover police seen on video punching a restrained man pinned to the ground

In the video, onlookers called the officers names, but there was no indication they threatened to attack the officers or free Luke. Pier did not mention such a threat in an arrest affidavit.

The letter says the punches were "well-timed and well-placed strikes" that had the effect of persuading Luke "to finally give up the fight."

It also noted that the use-of-force guidelines issued by the state Attorney General's Office allow officers to strike a suspect with their hands or feet "when necessary to overcome a subject's physical resistance to the exertion of a law enforcement officer's authority."

The guidelines place striking with hands in the same category as wrist or arm locks and wrestling a suspect to the ground. While they allow for some discretion, experts said, officers are expected to use the least amount of force possible.

"This is not like cooking," said Wayne Fisher, a senior policy adviser at Rutgers University's Center on Policing. "There's no recipe as to what is going to be reasonable or not reasonable." The amount of force, he said, should be "the minimal amount to accomplish the objective."