A fired police officer claims in a new lawsuit that the NYPD trial judge who booted him is illegally sitting on the bench — potentially impacting hundreds of rulings, including one involving the infamous “rape cops.”
Ex-NYPD Officer Ernesto Marks, in a filing in New York State Supreme Court last week, argued that Paul Gamble, the judge who presided over his disciplinary trial earlier this year, was improperly appointed by the department.
Gamble “is indisputably not an Assistant Deputy Commissioner, and as such, under the law, did not have authority to exercise jurisdiction over the trial, nor authority to provide a Recommendation to the Police Commissioner that [Marks’] employment with the NYPD be terminated,” the suit states.
The lawsuit could have a wide-ranging impact, including Gamble’s recommendation this summer to fire then-cops Sanad Musallam and Yaser Shohatee for the statutory rape of a 15-year-old female member of the police youth program in 2015 and 2016.
The victim stopped cooperating with authorities, and criminal charges were never brought against the cops. But Gamble said in his August decision firing the officers from the force: “The evidence supports a finding that [the officers] individually targeted the minor as a particularly vulnerable individual they were morally obliged to protect but chose to take advantage of to satisfy their depraved interests.”
Marks’ lawyer, Jack Jaskaran, told The Post that his client’s case could affect that of Musallam and Shohatee, as well as scores of others.
“This case demonstrates why the NYPD must follow the law,” Jaskaran said of his client’s lawsuit.
“While former NYPD Officer Ernesto Marks is innocent and should not have been fired, there are a few cases where an officer was in fact guilty of criminal conduct and then had their employment with the NYPD terminated,” Jaskaran said.
“Now, because of the NYPD’s failure to follow the law, the likelihood of a truly guilty officer’s termination being reversed has increased significantly.”
Records obtained from the Department of Citywide Administrative Services by Jaskaran through the Freedom of Information Law show that Gamble holds a civilian post in the NYPD under the title “executive agency counsel” — and not “assistant deputy commissioner,” as he is publicly referred to.
As The Post previously reported, several police executives are publicly called “deputy commissioners” while actually holding civilian titles in DCAS records. The creative book-keeping allows some of the NYPD execs to pocket hefty pensions from their time on the force — in addition to six-figure salaries for their current civilian roles.
Gamble is not to be among those receiving both a police pension and civilian salary. He made $145,197 last year as “Executive Agency Counsel” for the NYPD, according to public records.
There is a deputy commissioner trial judge helped by two assistants: one of whom is Gamble and the other with the official title of assistant deputy commissioner trial judge.
Under the city charter, the “deputy commissioner of trials” and “assistant deputy commissioner of trials” have jurisdiction over internal NYPD disciplinary matters, and, because he holds a different title, Gamble “was without any lawful authority to exercise jurisdiction over [Marks’] disciplinary trial, according to the suit.
Marks, who was brought up on internal charges after being accused of assaulting his ex-girlfriend in 2018, also alleges that Gamble ignored evidence at his trial, including GPS records and witness testimony.
“The decision of the NYPD to terminate Petitioner’s employment was made in violation of lawful procedure, was arbitrary and capricious, and was not supported by substantial evidence,” the filing states.
As such, Marks is requesting that his termination be overturned, arguing his constitutional right to due process was violated.
An NYPD spokesman said the department would “review the lawsuit if and when we are served.”
Gamble couldn’t be reached for comment Monday.
