H e r r i c k

NEW YORK

NEWARK

PRINCETON

WASHINGTON, D.C.

Is t a n b u l

Avery S. M ehlman Partner

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

May 6, 2015

VIA FIRST CLASS MAILHarry 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. Hasenfeld’s 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 Department’s knowledge of the importance of the video and despite Mr. Hasenfeld’s 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 218- 01(18)-(19) (setting forth the New York City Police Department’s 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

1 Not 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 venue, N ew York, NY 10016 » T e l 212.592.1400* Fax 212.592.1500A 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.

T7 YT-TTRTT A DAniDl 1 /V

M V D H P E T C PROPERTY and EVIDENCE S t! I T L # IT E U T R A C K IN G S Y ST E M

Property Clerk InvoicePO 8Z1-141{Pev. 11/09)

invoicing Command invoice Status1ST PCT. OPENinvoice Date11/25/2014

Property TypeGENERAL PROPERTY

Property CategoryARREST EVIDENCE

Officers Rar* Name Tax Mo. Command

invoicing POM SURPRIS, GUYDEE 953458 1ST PRECINCT OCMEEUNo.Arresting POM SURPRIS, GUYDEE 953458 1ST PRECINCT OCME.FBM0.fnvesBga&tg : N/A Pcfica lab Evid, CM. Mo.Oot Squad Supervisor N/A Cat Sgd. Case No. N/ACSUfECT Processing N/A CSUfECT Run No. N/A

item Total Q7Y AMde/s} PETS NO. PR9.QTY Disoosasn1 2 CAMERA

COLOR: BLACK MAKE: BLACKVUE .1202057089 2

2 1 COMPUTER • ACCESSORIESCOLOR: BLACK MAKE: 32GB MOTEL: BLACKVUESD CARD MAY CONTAIN VIDEO OF CRIME

1202057089 1

3 1 KNIFECOLOR: CHROME/STAJNLESS STEEL MAKE: LEATHERMAN

1202057089 1

— A 1 - KNIFE - ' COLOR: BLACK MAKE: LEATHERMAN

1202057099 1

5 1 MACE/PEPPER SPRAYCOLOR: BLACK MAKE: liNK MOTEL: UNK

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REMARKS:95345811/25/2014 20:13: ABOVE LISTED PROPERTY VOUCHERED AS ARREST EVIDENCE IN REGARDS

Qiao Of Incident Pena) C o d e iD e t q f p B o n _____ Crime Clsssitlcaaon Related To ._Recapl

11/25/2014 20530/RESISTING ARREST MISDEMEANOR N/A ACCEPTED

Prisoners) Name 0.0,8 Ape Address Anoet Ito/Summons No NYSIPNo.1 HASENFELD, TZVI 01/17/1978 36 2054 S7 STREET, BROOKLYN, NY-11204 M14702604 10803103P

Complaint No. 2014-001-07048Refated Comp No,(s) N/AAidsdfAeefdsni No.(s) N/ARelated inveleo(s) N/A

invoice Ho. 1000582027Prisoner / Finder I Owner Copy

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f K I V O r i F S i S T ’C PR0W3tiY«mi£viPENce i>J u rU\r Is U <§> r«ACtti«s svstem

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Approves Rank Name Tew: No. Ceranand tee Time

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printed: 11/25/2014 21:30

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K l V D n O C T C MWPHnY«ndBWHBSI«S1M 8 riL/LTLS U 3 ) TRACKIWQ SYSTEM

P ro p e rty C lerk InvoicePD521-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 Attorney’s 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 CM Enforcement Release prior to release. '

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

DECEDENTS PROPERTYLETTERS TESTAMENTARY or LETTERS OF AOY ainsd from tee Surrogate Court of tee decedent's county of residence arerequired for release.

FOUND PROPERTYPursuant 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 months ^_ ^^m q d y h ay im ^ § ly g .-S tili^ b u U ess .th a jn ! j& Q ^ 4 ..m p n tb s_ . . . . .

c. Property having a value of $500 buttess than $5000 — 1 year ~ _d. Property having a value of $5000 or more — 3 years '

SAFEKEEPING *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 PROPERTYPeddler 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 Clerk’s office In tee borough in which tee property was famed In.The Property Clerk offices are located at:

MANHATTANBRONXBROOKLYNQUEENSSTATEN ISLANDPEARSON PLACE WAREHOUSE

I Police Plaza 218 East 161 aII Front Street 47-08 Austell Place 1 Edgewater Plaza 47-15 Pearson Place

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, NYFor more information visit the Property Clerk Division's website:

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

Invoke® No. 1© 00S 82027Prisoner / Finder / Owner Copy

printed: 11/25/201421:30 *

646-610-5008718-590-2806718-624-5364718-433-2678718-876-8413718-361-1021

718-553-9555

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EXHIBIT B

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