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Via Workers World News Service
Reprinted from the Feb. 20, 1997
issue of Workers World newspaper
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Anthony Baez case: Slap on wrist for killer cop

By Judi Cheng in New York

What is the penalty in the United States of America, in the City of New York, when a person carrying a gun grabs an unarmed man by the neck and chokes him to death? The penalty?

The killer may be denied his civil-service pension.

That is, if he happens to be a New York City police officer and his victim is a Puerto Rican worker living in the Bronx.

The police officer's name is Francis Livoti. In spite of overwhelming evidence, he was found not guilty by a New York City judge. His victim's name was Anthony Baez, dead at age 29.

On Feb. 7, five months after Officer Livoti was acquitted in criminal court, Rae D. Koshetz, the Police Department's deputy commissioner for trials, ruled in an administrative hearing that Livoti had used an illegal choke hold on Anthony Baez and should be dismissed and denied his pension.

Livoti, a cop with a history of brutality, was driving his patrol car in the Morris Heights section of the Bronx on Dec. 22, 1994, when a football hit the top of the car. The ball belonged to Anthony Baez and his brother, who were playing ball in front of their home.

In the confrontation that followed, Livoti choked Baez to death.

Livoti was acquitted of criminally negligent homicide even though witnesses, including his colleagues, testified to the events of that night. During the criminal trial, police witnesses claimed that Baez died from an asthma attack. That contradicted the chief medical examiner's report that Baez's chest had been compressed and his throat had been choked closed.

Livoti is still free today.

Public support for the Baez family escalated into angry demonstrations. Oppressed people from the Bronx marched down to City Hall.

The killing of Anthony Baez is just one example of the many murders by killer cops in this country each year. Without public pressure on the police department and other arms of the state, the Baez case would have been swept under the rug like the others.

Internal hearing calls for Livoti's dismissal

Despite the new ruling against Livoti, there isn't much to cheer for yet. Livoti won't be dismissed unless Police Commissioner Howard Safir upholds the ruling by Feb. 25.

Livoti has filed for retirement. He will get a pension unless Safir supports the ruling.

Iris Baez, Anthony Baez's mother, told Workers World: "We are going to try to push for public pressure. Livoti will lose his pension if and only if Safir brings in a guilty verdict. The Police Department knew what Livoti was all about and didn't do anything about it. The city allows this to happen.

"This is one of many cases brought to light. Without public support, nothing could have been done."

A special fund-raising event was held recently for the families of victims of police brutality, most of whom are very poor. The Baez family is suing the city for $48 million.

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