Federal Judge Won't Delay New York City's Stop-And-Frisk Overhaul Pending Appeal

Rev. Al Sharpton, center, walks with demonstrators during a silent march to end New York's "stop-and-frisk" program.

Rev. Al Sharpton, center, walks with demonstrators during a silent march to end New York's "stop-and-frisk" program.  (AP2013)

The judge who wants an overhaul of the New York City police department’s controversial stop-and-frisk program says she will not put it on hold because of an appeal.

Judge Shira Scheindlin ordered changes after finding the program discriminates against minorities. She said Tuesday in Manhattan that granting the city's request would send the wrong signal.

She says a drop in stops from their 2011 peak is partly due to her earlier orders. Police have stopped, questioned and sometimes patted down about 5 million people over a decade.

Scheindlin says delaying changes would send the message that reducing the number of stops somehow endangers residents.

She also criticizes city officials who misinterpreted her ruling and claim it ends stop-and-frisk altogether.

New York City's top lawyer says the city will press for a speedy appeal.

New York Police Commissioner Raymond Kelly has said that minority communities will be "the losers" if the latest stop-and-frisk ruling isn't overturned.

Kelly has taken to various national Sunday news shows to make his case, assailing Scheindlin’s finding of racial discrimination and ordering changes to his department's stop and frisk practice.

"The losers in this, if this case is allowed to stand, are people who live in minority communities," he said on CBS' "Face the Nation."  

Noting that 97 percent of shooting victims are black or Hispanic, Kelly reasoned that similar demographics apply if a stop deters a killing and added that there have been more than 7,300 fewer killings in the 11 full years of Mayor Michael Bloomberg's tenure so far than in the 11 years before.

"Things are going right here in New York. And this decision certainly has the potential of overturning it," Kelly said on ABC News' "This Week with George Stephanopoulos."

If stop and frisk were abandoned, "no question about it —violent crime will go up," he said on NBC's "Meet the Press."

“You can't give people the authority whether civilian or police officers the right to just stop somebody because of the color of their skin.”

Kelly's remarks brought a rebuke from President Benjamin Jealous, president of Black civil rights group National Association for the Advancement of Colored People, or NAACP.

"Just because there are more murders in our community doesn't mean that you can treat all of us like we are guilty," Jealous said on "Meet the Press." ''... He's just way off base."

Based on reporting by The Associated Press.

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