On Thursday, September 12, 2024, Lohud reported that a federal judge overseeing a whistleblower lawsuit filed by former Eastchester police officer Anthony Barberan has stepped down from the case due to a personal connection with the town’s police chief. Federal magistrate judge Andrew Krause disclosed this conflict during a recent hearing, revealing that his child is a classmate and friend of Chief Joseph Rodriguez’s child.
At the hearing, Krause addressed both parties involved in the lawsuit, explaining that he had previously engaged in social conversations with Rodriguez regarding their careers, including his role as a U.S. magistrate judge. He emphasized that he only became aware of Rodriguez’s position as police chief this year, and had since made efforts to avoid discussing work-related matters to prevent any potential conflicts.
Barberan’s attorney, Michael Sussman, expressed concerns about Krause’s continued involvement in the case, stating that it could raise issues for his client. Sussman noted, “I just feel like it’s going to create concerns on my client’s part, to be frank with you. My client doesn’t know you.” Despite these concerns, Krause initially indicated he would remain on the case after consulting with the federal court system’s administrative branch, which provided mixed responses regarding the appropriateness of his recusal.
However, the following day, the case was reassigned to another federal magistrate judge, Victoria Reznik. This decision came as a surprise after Krause had suggested he would not step down.
Barberan filed his lawsuit against the town in 2019, claiming racial discrimination and stereotyping within the police department. Although a federal district judge dismissed a significant portion of his claims in 2021, some allegations of discrimination were allowed to proceed. Barberan has also accused the Eastchester Police Department of maintaining an illegal ticket quota system, although Rodriguez was not the chief during the time these allegations were made. Nonetheless, he is anticipated to be a key witness in the ongoing case.
In a previous statement, Rodriguez accused Barberan of engaging in “lying and deceit.” Barberan was terminated from the police department in 2021 following a disciplinary hearing that found he had used excessive force during an arrest.
As the case progresses under the oversight of Judge Reznik, a decision is expected to be reached soon.
Source: Lohud
