July 25, 2002

Top cop, unions rip judge over naming narcs

By BARBARA ROSS and MICHELE McPHEE
DAILY NEWS STAFF WRITERS

Police Commissioner Raymond Kelly and police union officials teamed up yesterday to blast a Manhattan judge for ordering three undercover cops to reveal their identities in court.

Acting state Supreme Court Justice Dorothy Cropper wants the cops to use their real names while testifying against a homeless man arrested last year and charged with selling $10 bags of cocaine in Washington Square Park.

But Kelly and other officials said that would set a dangerous precedent.

"Revealing the names of our undercover officers has the potential to put their lives and the lives of their families in immediate danger," Kelly said at a news conference at 1 Police Plaza, where he was flanked by Patrolman's Benevolent Association President Patrick Lynch and Detectives' Endowment Association Secretary Mike Palladino.

"Undercover officers should not be asked to reveal their true identities. If they are asked, they should refuse," Kelly added.

Typically, judges let undercover cops testify using shield numbers or fake names and bar co-defendants and families of defendants from the courtroom.

Cropper hasn't commented publicly on her controversial order. But in court transcripts released yesterday, she indicated she doesn't believe the cops are in any danger from drug suspect Fabian Joseph, 40.

"In this courtroom, we are going to use names," Cropper said.

"While they may be in danger, they are not in danger from this defendant," she said. "Drug buying is done in Washington Square Park five days a week. Why couldn't the Police Department rotate the officer?"

But Palladino, who was an undercover detective, called on Cropper to step down for making such a "ridiculous demand."

"She should resign," he said. "It's going to be very difficult to find enough undercover detectives to fill the open slots now, especially if they feel that their safety, and the safety of the people they drive home to, is in jeopardy."

One undercover detective who gave his name as Chucky said he also was disturbed by the judge's order.

"We have enough to worry about out there on the streets," said the detective, who is credited with making hundreds of arrests during his career. "Now we have to worry about these suspects finding out who we are and where we live? It's terrible."