H

NEW YORK

A very S. M ehlm an

NEWARK

P artner

Direct Tel:
212.592.5985
Direct Fax: 212.545.3424
Email: amehlman@herrick.com

PRINCETON
WASHINGTON, D .C .
Is t a n b u l

May 6, 2015

VIA FIRST CLASS MAIL

Harry Feigen, Investigator
Civilian Complaint Review Board
100 Church Street, 10th Floor
New York, New York 10007
Re:

CCRB Case Number 201411960/Tzvi Hasenfeld

Dear Investigator Feigen:

We represent Tzvi Hasenfeld and write to update you on the above-referenced case.
Since the filing of Mr. Hasenfelds CCRB complaint (the Complaint), it has come to
our attention that critical videotaped evidence of the police misconduct alleged in the Complaint
has been destroyed by the New York City Department under circumstances that strongly suggest
intentional bad faith conduct. Specifically, Mr. Hasenfeld had a dash cam in the front
windshield of his car that captured wide-angle video footage of both the inside and outside of his
car during his arrest on November 25, 2014 at 1:30 p.m. in Manhattan. When arresting New
York City police officer, Gydee Surpris (P.O. Surpris), vouchered the dash cam and the
microSD memory card that saved these video files, he expressly acknowledged that this microSD
memory card MAY CONTAIN VIDEO OF CRIME. (Ex. A, Voucher.)
Despite the New York City Police Departments knowledge of the importance of the
video and despite Mr. Hasenfelds repeated requests for a copy of the same, the video was never
preserved, processed or safeguarded by the Police Department in direct violation of Patrol Guide
Procedure Nos. 218-31 et seq. (setting forth the procedure for properly safeguarding computer
related evidence coming into the custody of the New York City Police Department) and 21801(18)-(19) (setting forth the New York City Police Departments obligation to properly store
and safeguard vouchered property). Instead, the microSD memory card containing the video was
snapped in half while it was in police custody under circumstances that strongly suggest
intentional bad faith conduct, committed in an attempt to prevent evidence of the arresting officers
misconduct and excessive force from coming to light.1 (Ex. B, Photographs of Destroyed
1Not only would the video evidence on this microSD memory card prove all of the allegations in the Complaint, but
it would provide exculpatory evidence clearing Mr. Hasenfeld from all charges pending against him in the criminal
action, The People o f the State o f New York v. Tzvi Hasenfeld, Index No. 2014NY089004. Thus, the ramifications

HERRICK, FEINSTEIN LLP 2 Park A v e n u e, N ew York, NY 10016 T e l 212.592.1400* Fax 212.592.1500

A New York limited liability partnership including New York professional corporations

H e r r i c k

May 6, 2015
Page 2
Evidence.) The destruction of this critical video evidence is deeply concerning and warrants
additional investigation.
In light of the foregoing, we respectfully request that this investigation be reopened (if
previously closed) and completed so that appropriate action can be taken. To that end, please
contact me at your earliest convenience to schedule an interview date for Mr. Hasenfeld.
Very truly yours,

cc: Tzvi Hasenfeld (via email)

of the destruction of this critical and exculpatory evidence are so far-reaching as to have deprived Mr. Hasenfeld of a
fair trial.

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PROPERTY a n d EVIDENCE
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invoice Date

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GENERAL PROPERTY
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95345811/25/2014 20:13: ABOVE LISTED PROPERTY VOUCHERED AS ARREST EVIDENCE IN REGARDS
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2014-001-07048

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K l V D n O C T C MWPHnYndBWHBSIS
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P ro p e rty C lerk Invoice

PD521-t41(Rev.

invoice No. *

NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED

BY THE POUCE DEPARTMENT
The person from whose possession property was taken should retain and safeguard the Invoice. Kirs New York City Police Department can change the
Invoice Category without farther notice, in order So obtain the return of property, tee claimant a - a representative authorized by a notarized letter to claim
the property win be required to submit, In person or by mail, ihe Invoice and proper identification (one (1) government issued photo identification plus at
least one {1} non-photo identification) to ihe office of tee Property Clerk. A claimant demanding tee return of property other term Arrest Evidence, DNA
Evidence or Forfeiture does not require a District Attorney's Release and may m ate such demand whether or not criminal proceedings have been
instituted and, if instituted, whether or not such proceedings have been terminated.
'

ARREST EVIDEMCE/DMA EVIDENCBFORFEITIJRE

The property may be disposed of by ths Property Cierk according to taw, unless the claimant demands tee property no later term 120 days after tee
termination of criminal proceedings. A claimant demanding tee return of arrest evidence/DNA evittence/forfeifare from tee Property Clark should obtain,
before making a demand, either a District Attorneys Release or a supervising District Attorney's statement refusing to grant a retease. Presentation of
either or both of these documents to the Property Clark is MOT required for making a timely demand. If a demand for tee property is made without a
District Attorney's Release or a supervising District Attorney's statement, tee claimant shaft have 270 days from tee date of demand to obtain a District
Attorney's Release or a Supervising District Attorney's statement refusing to grant a release. If a release or a statement refusing to grant a release is not
provided to the Property clerk within 270 stays of tee date of demand, the property may be disposed of according to taw. tf a claimant timely provides tee
Property ctertc with a District Attorney's statement refusing to grant a release, tee claimant must, when tee District Attorney no longer needs the
property, obtain and submit a District Attorney's Release to tee Police Department, Forfeiture property may additionally require a C M Enforcement
Release prior to release.
'

IMWESTIQATOKY7DMA IMVESfflTflATORY
Investlgaton/ property is disposed of after one (1) year, unless otherwise requested by tee Investigating officer.

DECEDENTS PROPERTY
LETTERS TESTAMENTARY or LETTERS OF AOY
required for release.

ainsd from tee Surrogate Court of tee decedent's county of residence are

FOUND PROPERTY
Pursuant to law, found property wW be held forth following periods of time (uniass sooner delivered to owner):
a. Property having a value of less than $100 3 m onths
^ _ ^ ^ m q d y h a y im ^ ly g .-S tili^ b u U e s s .th a jn !j& Q ^ 4 ..m p n tb s _ .
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c. Property having a value of $500 buttess than $5000 1 year
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d. Property having a value of $5000 or more 3 years

SAFEKEEPING

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Property held for Safekeeping must be claimed within 120 days from the date It was invoiced. After 120 days, property MI be disposed of as per
applicable NYC Law. All firearms, rifles, and shotguns, invoiced for safekeeping must be reclaimed by tee owner within one (1) year of the date of
invoice. After ths expiration of one (1) year, the firearm, rifle, or shotgun wtB be disposed of by tee Property Clerk pursuant to law, without farther notice.

PEDDLER PROPERTY
Peddler property test Is deemed trademark counterfeit, and classified foundlabandoned property will be destroyed on Intake. All other Peddler Property
Is held for a period of 20 days. A claimant that demands tee return of his/her peddler property must obtain a tetter from tee NYPD Law department
stating tee property can be released and:
a. A claimant test was Issued an Environmental Control Board summons must obtain a decision and order sheet from ECB.
b. A claimant teat was issued a Criminal Court summons or was arrested must obtain a court disposition sheet in order to obtain his/her peddler
property.
Please bring this receipt with you when you are notified to appear to claim the property, For information concerning property which you delivered to this
. Department, please call the Property Clerks office In tee borough in which tee property was famed In.
The Property Clerk offices are located at:
I Police Plaza
MANHATTAN
218 East 161 a
BRONX
II Front Street
BROOKLYN
47-08 Austell Place
QUEENS
1 Edgewater Plaza
STATEN ISLAND
47-15 Pearson Place
PEARSON PLACE WAREHOUSE
fPv;rtt;.Carri:3<Cha-.ks.Mll,opTMJrataMmrlhotegm.i:ha,ii)3j,ttg.,c!iamn AM aiuL2d3flJ3B
If vehicle is Involved, contact the following:
SPRINGFIELD GARDENS AUTO POUND
174-20 Norte Boundary Road, Queens, NY
For more information visit the Property Clerk Division's website:

646-610-5008
718-590-2806
718-624-5364
718-433-2678
718-876-8413
718-361-1021
718-553-9555

http://www.nyc.gov/html/nypd/html/property_cterk/property_clerk.shtJiil

POP Storage No.

Prisoner / Finder / Owner Copy

InvokeNo.

1 00S82027

printed: 11/25/201421:30

Pasorto. 3 Of

EXHIBIT B

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