By Anna Gustafson
Forest Hills resident Rafael Weizmann was awarded $460,000 in federal civil court last week after suing Suffolk County for what he said was a case of police brutality that left him with several broken ribs, a broken clavicle and a lung contusion.
Suffolk County Attorney Christine Malafi, however, said the decision was made by a “confused” jury who awarded too much money after Weizmann presented only $4,000 in medical expenses. She contended police did not attack Weizmann as he claims.
“I am very happy with the outcome,” said Weizmann, 62. “I feel exonerated. My entire life changed because of this. I lost my mind.”
Following a week-long trial in federal court in Central Islip, L.I., the seven jurors decided to award Weizmann $460,000, which included $188,000 for medical expenses, $250,000 for pain and suffering and $25,000 in punitive damages.
Malafi said the county is considering an appeal or “more likely a motion to set aside the verdict.”
Weizmann’s and the police officers’ stories diverge as to what happened on Sept. 27, 2006.
Weizmann’s Forest Hills-based attorney, Rochelle Berliner, said her client had pulled over to check a missed call on his cell phone while driving to his summer home in Coram, L.I., when he was approached by an undercover policewoman pretending to be a prostitute.
Berliner said Weizmann was confused and could not hear what she was saying. Once the policewoman stepped away from Weizmann’s vehicle, Berliner said the Forest Hills resident was confronted by Suffolk cops, who arrested him and charged him with soliciting prostitution.
Berliner said Weizmann and the police began to verbally argue and eventually one policeman lifted Weizmann up “and slammed him down on the ground.”
As the policeman did that, Berliner said he used an ethnic slur against Weizmann, who is Jewish.
Malafi said the officer did not push Weizmann to the ground nor utter the slur.
“That officer has grandparents who are Jewish, so why would he say that?” Malafi said.
Malafi said Weizmann had a conversation about “sex and pricing” with the undercover policewoman, who did not tape the conversation but did wear a wire, allowing another officer to listen to the exchange. Malafi said Weizmann called the city Civilian Review Board and complained about the actions of the police. During that conversation, which was taped and played in court, Weizmann said he had a conversation with the policewoman about prostitution, according to Malafi.
After Weizmann was arrested, handcuffed and put in the back of the police car, Malafi said the officers told him they were issuing him a desk appearance ticket and he could then leave. Weizmann allegedly refused the ticket and began kicking the officers as they tried to remove him from the car.
“When he got out of the car, he started to run away in handcuffs,” Malafi said. “The police had to run after him, and they tackled him to the ground because that’s what they had to do.”
Weizmann was charged with solicitation of prostitution, harassment, and obstruction of governmental administration. Malafi said a plea bargain was reached and Weizmann pleaded guilty to disorderly conduct.
Besides the several broken ribs, collar bone and lung contusion, Berliner said Weizmann has suffered emotionally. Soon after being pulled over, he sold his Coram home because he was too frightened to drive in Suffolk County and has been going to a therapist since the event.
“I’m so scared of them,” Weizmann said of Suffolk police. “I’m trying to work my life out, but mentally I need a lot of help.”
Weizmann, a hair dresser in Forest Hills, has become depressed since the event, which has caused him to miss work, Berliner said.
“The stress, anxiety and depression made it difficult to work,” Berliner said.
Reach reporter Anna Gustafson by e-mail at agustafson@cnglocal.com or by phone at 718-229-0300, Ext. 174.
