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New York City police commissioner resigns after his phone was seized in federal investigation

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New York City police commissioner resigns after his phone was seized in federal investigation
News

News

New York City police commissioner resigns after his phone was seized in federal investigation

2024-09-13 06:37 Last Updated At:06:40

NEW YORK (AP) — New York City Police Commissioner Edward Caban resigned Thursday, one week after it emerged that his phone was seized as part of a federal investigation that touched several members of Mayor Eric Adams’ inner circle.

Caban, who had been in charge of the nation’s largest police department for about 15 months, said in an email to staff that he made the decision to resign after the “news around recent developments” had “created a distraction for our department.”

“I am unwilling to let my attention be on anything other than our important work, or the safety of the men and women of the NYPD,” he added in the email obtained by The Associated Press.

At a news conference Thursday, Adams praised Caban for “making our city safer” and said he had named Tom Donlon, a retired FBI official, as the interim police commissioner.

Donlon previously served as the chief of the FBI’s National Threat Center and once led the Office of Homeland Security in New York, before starting his own security firm in 2020. He helped lead the investigation into the 1993 World Trade Center bombing and investigated the 1998 U.S. Embassy bombings and USS Cole bombing.

Donlon said in a statement he was “honored and humbled” to head “the greatest law enforcement agency in the world,” and that his priorities would include removing illegal guns from the community.

Caban's resignation marks the first high-level departure from the Adams administration since federal investigators seized phones Sept. 4 from several members of the mayor’s inner circle, including two deputy mayors, the schools chancellor, and one of Adams’ top advisers.

The subject of the investigation, which is being led by U.S. Attorney’s office in Manhattan, remains unclear, as does whether federal authorities were seeking information linked to one investigation or several.

Caban's lawyers, Russell Capone and Rebekah Donaleski, said in a statement Thursday they had been told by the government that “he is not a target of any investigation being conducted by the Southern District of New York, and he expects to cooperate fully with the government.”

The Justice Department defines a target of an investigation as someone whom prosecutors or a grand jury have gathered substantial evidence against that links the person to a crime. That’s in contrast to a subject, which is someone whose conduct is merely within the scope of the investigation. But those definitions are notoriously fluid and a person not seen as a technical target one day can become a target the next as new information develops.

Federal authorities are also investigating Caban’s twin brother, James Caban, a former NYPD sergeant who runs a nightclub security business, according to a person familiar with the matter. The person could not publicly discuss details of the ongoing investigation and spoke to AP on condition of anonymity.

James Caban “unequivocally denies any wrongdoing,” his lawyer, Sean Hecker, said in a statement. “His work – as a consultant and acting as a liaison between the Department and a private company – is perfectly legal, especially given his previous career as a NYPD officer,” Hecker continued.

James Caban was fired by the NYPD in 2001 after he was heard on a recording illegally detaining a cab driver whom he accused of stealing $100 and threatening to seize his vehicle.

According to people familiar with the matter, other officials whose devices were recently seized include First Deputy Mayor Sheena Wright; Philip Banks, the deputy mayor for public safety; his brother David Banks, the schools chancellor; and Timothy Pearson, a mayoral adviser and former high-ranking NYPD official. The people spoke on condition of anonymity because they were not authorized to discuss the investigation.

Adams, a first-term Democrat, was subpoenaed in July, eight months after federal agents seized his cell phones and an iPad while he was leaving an event in Manhattan. Federal authorities haven’t publicly accused him or any officials of any crimes, and Adams has denied any wrongdoing.

The investigation that led to Edward Caban’s devices being seized is not believed to be tied to a probe that led federal investigators to seize Adams’ devices last November, according to two people familiar with the matter. They spoke on condition of anonymity because they were not authorized to speak publicly.

Caban, 57, was the first Latino to lead the 179-year-old NYPD. He started as a patrol officer in 1991 in the Bronx, where he grew up, and worked in precincts across the city as he was promoted. His father, retired Detective Juan Caban, had served with Adams, a former police captain, when they were both on the city’s transit police force. Three of Caban’s brothers were also police officers.

He was the department’s second-in-command before being named commissioner last year.

Caban replaced Keechant Sewell, the first woman to lead the force. She resigned 18 months into a tenure clouded by speculation that she was not truly in charge.

As commissioner, Caban presided over continuing declines in some major crime categories, including shootings and murders, but was also criticized for his handling of officer discipline, including two officers who did not face any internal disciplinary action in the fatal shooting of a Black man, Kawaski Trawick, inside his Bronx apartment in 2019.

Donlon's appointment marks the first time in more than two decades that someone without prior experience serving in a local police department will lead the NYPD. Close observers of the agency described the move as both politically strategic and potentially risky.

“It gives the mayor some credibility at a time when his police department and administration are facing federal investigations,” said Jeffrey Fagan, a Columbia Law School professor focused on policing. “At the same time, will someone with no experience in a complex municipal police department and no real power base be able to clean up this mess?”

Associated Press reporter Eric Tucker contributed to this report.

This undated photo provided by the Office of the New York Mayor, shows Tom Donlon, a retired FBI official who was named as the interim police commissioner of the New York City Police Department, Thursday, Sept. 12, 2024. (Office of the New York Mayor via AP)

This undated photo provided by the Office of the New York Mayor, shows Tom Donlon, a retired FBI official who was named as the interim police commissioner of the New York City Police Department, Thursday, Sept. 12, 2024. (Office of the New York Mayor via AP)

People walk past One Police Plaza, the headquarters of the New York City Police Department, Thursday, Sept. 12, 2024, in New York. (AP Photo/Pamela Smith)

People walk past One Police Plaza, the headquarters of the New York City Police Department, Thursday, Sept. 12, 2024, in New York. (AP Photo/Pamela Smith)

FILE - Edward A. Caban, left, speaks after being sworn in as NYPD police commissioner outside New York City Police Department 40th Precinct, July 17, 2023, in New York. Mayor Eric Adams on the right. (AP Photo/Jeenah Moon, File)

FILE - Edward A. Caban, left, speaks after being sworn in as NYPD police commissioner outside New York City Police Department 40th Precinct, July 17, 2023, in New York. Mayor Eric Adams on the right. (AP Photo/Jeenah Moon, File)

FILE — Edward A. Caban speaks after being sworn in as NYPD police commissioner outside New York City Police Department 40th Precinct, July 17, 2023, in New York. (AP Photo/Jeenah Moon, File)

FILE — Edward A. Caban speaks after being sworn in as NYPD police commissioner outside New York City Police Department 40th Precinct, July 17, 2023, in New York. (AP Photo/Jeenah Moon, File)

NEW YORK (AP) — Sean “Diddy” Combs pleaded not guilty Tuesday to federal sex trafficking and racketeering charges. An indictment says the music mogul “engaged in a persistent and pervasive pattern of abuse toward women and other individuals.”

Later Tuesday, U.S. Magistrate Judge Robyn Tarnofsky refused to grant Combs bail and ordered him to be jailed pending trial.

Combs was arrested late Monday in Manhattan, roughly six months after federal authorities conducting a sex trafficking investigation raided his luxurious homes in Los Angeles and Miami.

Over the past year, Combs has been sued by people who say he subjected them to physical or sexual abuse. He has denied many of those allegations.

Here is the Latest:

The defense attorney for Sean “Diddy” Combs says he will appeal the decision to deny his client bail.

Combs has been indicted on sex trafficking and racketeering charges. A federal judge on Tuesday ordered the music mogul to be held without bail pending his trial.

As he left the courtroom, Combs' lawyer, Marc Agnifilo, said he is not surprised by the outcome and that he is looking forward to a bail hearing soon, saying: “Tomorrow we fight again.”

A judge has refused to grant bail to Sean “Diddy” Combs and has ordered him to be sent to jail while awaiting trial on sex trafficking and racketeering charges.

U.S. Magistrate Judge Robyn Tarnofsky announced the decision Tuesday after hearing lengthy arguments from prosecutors and Combs’ lawyers.

Prosecutors asked that the music mogul be held without bail. Combs' attorneys proposed that he be released on a $50 million bond to home detention with electronic monitoring.

Combs’ defense attorney, who is asking that he be released on bail, has said in court that by coming to New York in anticipation of the charges, the music producer “did the exact opposite of what we see defendants do when they’re presented with problems in the court.”

Marc Agnifilo said Tuesday that Combs came to New York to “wait it out.”

Agnifilo also says Combs is receiving “treatment and therapy for things that he needs treatment and therapy for.” He says his client is “not a perfect person,” that he has used drugs and has been in toxic relationships.

Prosecutors seeking to have Combs' jailed without bail have pointed to a 2016 video of the music producer assaulting a woman as she attempted to leave a California hotel.

In court Tuesday afternoon, Assistant U.S. Attorney Emily Johnson said the assault happened after one of Combs' “Freak Offs,” which is defined in the indictment as “elaborate and produced sex performances.”

Johnson did not identify the woman who was attacked, but a video from that time first published by CNN this year shows Combs attacking R&B singer Cassie.

Johnson says Combs tried to bribe a hotel security officer “with a handful of cash in exchange for his silence,” but was unsuccessful.

She says the video showing the attack disappeared from the hotel’s servers within days and that this was no coincidence.

Johnson says Combs only acknowledged this attack relatively recently, after being confronted with the video, and that this proves he can’t be taken at his word.

Federal prosecutors have asked that Combs be jailed without bail, while his attorneys have proposed he be released on a $50 million bond.

In court Tuesday afternoon, Assistant U.S. Attorney Emily Johnson said the government is seeking Combs’ detention on “multiple bases,” including the severity of the charges against him and the potential punishment of life in prison. She argued that he is a flight risk and there is a risk of witness intimidation.

“Mr. Combs physically and sexually abused victims for decades,” Johnson said. “He used the vast resources of his company to facilitate his abuse and cover up his crimes. Simply put, he is a serial abuser and a serial obstructor.”

Sean “Diddy” Combs has pleaded not guilty to federal sex trafficking and racketeering charges.

Combs stood up to enter his plea in a New York courtroom Tuesday.

An indictment unsealed Tuesday alleges Combs presided over a sordid empire of sexual crimes, coercing and abusing women for years while using blackmail and shocking acts of violence to keep his victims in line.

A motion for bail from Combs’ attorneys proposes he be released on a $50 million bond secured by his home in Miami.

The motion filed Tuesday also proposes his detention at home with GPS monitoring, with his travel restricted to federal districts in south Florida and southern New York.

The motion says Combs will turn over his passport and that he is attempting to sell his private jet. It says he has remained in the country even though there were no restrictions on his travel, and that his attorneys have kept authorities updated on his location.

It adds that “conditions at Metropolitan Detention Center in Brooklyn are not fit for pre-trial detention.”

Prosecutors say Combs repeatedly engaged in violence towards his employees and others.

In a court filing Tuesday, prosecutors say Combs and an unidentified co-conspirator kidnapped someone at gunpoint a few days before Christmas in 2011 in order to facilitate a break-in at another person’s home. They say multiple witnesses, police reports and other records corroborate the incident.

The detention memo also says that two weeks later, Combs' allies set fire to a vehicle by slicing open its convertible top and dropping a Molotov cocktail inside.

Prosecutors say police and fire department reports document the arson and that multiple witnesses heard Combs brag about his involvement.

Prosecutors say Combs should be denied bail because he is a serious flight risk.

In a detention memo filed in court, prosecutors say Combs has “seemingly limitless resources” to flee, pointing out that his net worth is close to $1 billion, including over $1 million in personal cash on hand as of last December.

They said he has had a personal plane for international travel since 2019, along with multiple vehicles in multiple locations.

The letter says Combs “has the money, manpower, and tools” to flee without detection.

Prosecutors say the violence Combs exacted on his victims was so extreme that he should be denied bail.

In a detention letter written for the federal judge overseeing the music mogul's case, prosecutors described how Combs would assault women, employees and others “by throwing objects at them, choking them, pushing them, kicking them, and slamming them against walls and on to the ground.”

The letter says the violence was sometimes spontaneous and sometimes premeditated, including “resorting to kidnapping and arson when the defendant’s power and control were threatened.”

Prosecutors say Combs’ “disposition to violence cannot be reasonably prevented through bail conditions.”

The letter also says Combs should be denied bail because he has already reached out to potential witnesses in the case and that further attempts at witness tampering are likely.

U.S. Attorney Damian Williams says Combs did not act alone.

During a news conference Tuesday, Williams said Combs’ security and household staff, as well as operators high up in the music industry were complicit. Williams says they cleaned up damaged hotel rooms and "delivered large quantities of cash to Combs to pay for the commercial sex workers.”

Williams says the investigation is ongoing, and is urging "anyone with information about this case to come forward and to do it quickly.”

U.S. Attorney Damian Williams, whose office is bringing the case against Sean “Diddy” Combs, says the music mogul led a criminal organization that carried out kidnapping, forced labor and sex trafficking, among other crimes.

Speaking at a news conference Tuesday, Williams said authorities will seek to have Combs detained while he awaits trial.

He spoke before a display board showing images of some of the items recovered in searches of Combs’ homes in Los Angeles and Miami in March, including AR-15s and a drum magazine containing dozens of rounds of ammunition. He says agents also seized electronic devices that contain images and videos of sexual encounters.

Williams says: “Combs led and participated in a racketeering conspiracy that used the business empire he controlled to carry out criminal activity, including sex trafficking, forced labor, kidnapping, arson, bribery, and the obstruction of justice.”

Combs' lawyer, Marc Agnifilo, has said he will fight to keep his client free. He says Combs is innocent and will plead not guilty.

Comb’s former longtime girlfriend, whom he was seen attacking in a March 2016 security video, has declined to comment on the federal case against him.

Douglas Wigdor, an attorney for the singer Cassie Ventura, said in a statement released before Combs was due to appear in court Tuesday that neither he nor his client have anything to say on the matter.

Wigdor says: “We appreciate your understanding and if that changes, we will certainly let you know.”

Ventura reached a settlement with Combs last November, one day after filing a lawsuit containing allegations of beatings and abuse by the music producer.

Outside the Manhattan courthouse early Tuesday, Combs’ lawyer, noted that his client came to New York City voluntarily because they knew the charges were coming.

Marc Agnifilo said: “Not a lot of defendants do that. He came to New York to, to basically engage the court system and start the case.”

Though the indictment was not unsealed at the time of his comments, Agnifilo said they know what the charges will be and that Combs is “innocent of these charges.” He vowed to “fight like hell” to get Combs released from federal custody.

The indictment alleges Combs hit, kicked and threw objects at victims, and sometimes dragged them by their hair, causing injuries that often took days or weeks to heal. It says Combs also threw people around, choked and shoved them.

Prosecutors say his employees and associates witnessed his violence and, rather than intervening, helped him cover it up, including by preventing victims from leaving, and locating and contacting victims who attempted to flee.

The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in activities including sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.

He’s accused of striking, punching and dragging women on numerous occasions, throwing objects and kicking them, and enlisting his personal assistants, security and household staff to help him hide it all.

U.S. Attorney Damian Williams speaks about federal sex trafficking and racketeering charges against Sean "Diddy" Combs during a news conference, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Pamela Smith)

U.S. Attorney Damian Williams speaks about federal sex trafficking and racketeering charges against Sean "Diddy" Combs during a news conference, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Pamela Smith)

FILE - Sean Combs arrives at the LA Premiere of "The Four: Battle For Stardom" at the CBS Radford Studio Center on Wednesday, May 30, 2018, in Los Angeles. (Photo by Willy Sanjuan/Invision/AP, file)

FILE - Sean Combs arrives at the LA Premiere of "The Four: Battle For Stardom" at the CBS Radford Studio Center on Wednesday, May 30, 2018, in Los Angeles. (Photo by Willy Sanjuan/Invision/AP, file)

Lawrence Stark, of the Bronx borough of New York, makes comments in support of Sean "Diddy" Combs, outside Manhattan federal court, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Eduardo Munoz Alvarez)

Lawrence Stark, of the Bronx borough of New York, makes comments in support of Sean "Diddy" Combs, outside Manhattan federal court, Tuesday, Sept. 17, 2024, in New York. (AP Photo/Eduardo Munoz Alvarez)

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