Just Following Orders

The NYPD’s ‘Nuremberg’ Defense

A A A Comments By Peter Noel Tuesday, Jun 26 2001

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The judge backed the jury's finding that Dr. Edelman also was guilty of intentional infliction of emotional distress. Edelman did not appear at the trial. "Edelman, like Kissik," declared Marrero, "took numerous actions that caused Gonzalez to be suspended multiple times and created a distorted record to make her appear insubordinate and irresponsible, all the while treating her disdainfully and ignoring her legitimate medical complaints."

Noting that Edelman was following orders, Marrero wrote: "Edelman . . . acted under orders to return Gonzalez promptly to work even when she complained of illness she felt rendered her unprepared to perform her police duties." He added, "Such conduct . . . can impact an individual with particular emotional severity. If, as the jury may have believed, Edelman, whether on his own or influenced by higher commands, returned Gonzalez to work when she may not have been medically fit, his conduct could have placed Gonzalez's health or safety at greater risk. On this record, it is conceivable that a reasonable jury could have understood that such intimidating and negative treatment from Gonzalez's assigned medical officer at the NYPD would be intended to cause Gonzalez severe emotional distress. . . . "

photo: Michael Sofronski

Glory days: After battling the NYPD for 11 years, Gloria Gonzalez raises the victory flag.

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The judge also buttressed Gonzalez's claim that Captain Witkowich was "aware of who Gonzalez was when she was brought to his precinct, and motivated by specific retaliatory animus toward Gonzalez, detained her unreasonably; prolonged her detention by forcing her to undergo unnecessary and humiliating examinations; and caused unwarranted criminal charges to be brought against her."

Gloria Gonzalez no longer wears a mask. She lifts her head high and looks toward a brighter future with Nikki and Papillon. Soon she will get her private investigator's license and start lecturing on sexual harassment, retaliation, testilying, and the use of the Nuremberg defense within the NYPD. "The department was hoping that I'd kill myself like so many other cops had done," she says, blowing kisses to the bulldog. "I don't see my grave anymore. I came out of the ditch, didn't I?"

Additional reporting: Skye McFarlane

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