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Man Delivers Tearful Testimony On Day 2 Of Challenge To Stop-And-Frisk Policy

(file / credit: Mario Tama/Getty Images)

Stop and Frisk Protest (file/credit: Mario Tama/Getty Images)

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NEW YORK (CBSNewYork/AP) — Tuesday marked day two of testimony is the lawsuit challenging the NYPD’s controversial stop-and-frisk policy.

A 24-year-old nonprofit worker wept on the witness stand as he described an unnerving episode of being handcuffed near his home while an officer took his keys and went inside his building.

Nicholas Pert, who is black, is one of about a dozen New Yorkers expected to tell their stories of being stopped, questioned and frisked by police in a federal trial challenging how police use the tactic. About 5 million stops have been made during the past decade, mostly of black and Hispanic men.

The lawsuit challenges the constitutionality of some of the stops, with lawyers arguing the policy unfairly targets minorities.

City attorneys said officers operate within the law and do not target people solely because of their race. Police go where the crime is — and crime is overwhelmingly in minority neighborhoods, city lawyers said.

Pert’s mother died of cancer, and he is the guardian for his three siblings, two small boys and his disabled 20-year-old sister. The stocky community college graduate testified that he was stopped three times, starting on his 18th birthday.

In that first incident, Pert testified that at least three cop cars pulled up and officers with guns drawn ordered him and his friends to get face-down on the ground.

But it was a stop in 2011 that reduced him to tears.

He testified that he was walking to the corner store on the block where he lived — 144th Street near Lenox Avenue — at about 11 p.m. to get milk when officers stopped him, handcuffed him and put him in the back of a squad car. One officer took Pert’s keys, he said, and went into his building. Pert said he was concerned because he didn’t know how his siblings would react if the officer knocked on the door.

“I was afraid he would go into my apartment, and I wasn’t there to take care of the situation,” he said. “I was so concerned because I had kids inside and no adult with them.”

Eventually the officer returned and he was freed.

Pert said, pausing to collect himself, that he felt criminalized by the episode.

“To be treated like that, by someone who works for New York City, I felt degraded and helpless,” he said.

Lawyers for the Center for Constitutional Rights, which filed the class-action suit, are trying to show a pattern of racist and inappropriate behavior by the police.

Deon Dennis, another named plaintiff, testified that he was stopped outside his apartment in 2008 and officers accused him of drinking on the street, but he said he was not. Dennis, now 42, lives in Sumpter, S.C., and works in a chicken processing plant. He said he joined the suit for his children.

“I don’t want them to grow up with what I had to for years,” he said.

City lawyers sought to discredit the witnesses by suggesting their stories had evolved to become more dramatic, and their memories were faulty.

Stop and frisk is legal, but the lawyers who sued say it must be reformed. They are asking for a court-appointed monitor to oversee any changes ordered by the judge.

About half the people who are stopped are subject only to questioning. Others have their bag or backpack searched. And sometimes police conduct a full pat-down. Only about 10 percent of all stops result in arrest, and a weapon is recovered a small fraction of the time.

The mayor and police commissioner say stop and frisk is a life-saving, crime-stopping tool that has helped drive crime down to record lows. Officers have more than 23 million contacts with the public, make 4 million radio runs and issue more than 500,000 summonses every year. Comparatively, 600,000 stops annually are not unreasonable, city lawyers said.

On Monday, the teenage son of a former police officer, Devin Almonor, said that he was handcuffed by officers after they stopped him walking back to his apartment in 2010 when he was 13 years old. David Floyd, 33, the lawsuit’s namesake, testified about two encounters, one in 2007 where he was frisked while walking home, and the second about a year later where he was frisked outside of his apartment.

U.S. District Court Judge Shira Scheindlin, who has already said in earlier rulings that she is deeply concerned about the tactic, has the power to order reforms to how it is used, which could bring major changes to the nation’s largest police force and other departments.

City lawyers said the department already has many checks and balances, including an independent watchdog group that was recently given authority to prosecute some excessive force complaints against police.

Stop and frisk opponents, including Rev. Jesse Jackson, rallied outside the courthouse against the policy on Monday afternoon.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)