Go, John! RMX By SAMUEL MAULL, Associated Press Writer Wed Apr 9, 7:37 AM ET NEW YORK - A retired police officer who screamed obscenities at a train passenger who was talking on a cell phone and who hit the hand of another passenger who intervened was acquitted Tuesday of misdemeanor charges stemming from the confrontation. John Clifford, who is also a lawyer, was found not guilty after a two-day nonjury trial at which he acted as his own attorney. He had been charged with misdemeanor counts of attempted assault, disorderly conduct, harassment and attempted petit larceny and had faced up to a year in jail if convicted. Manhattan Criminal Court Judge Larry Stephen issued his verdict immediately after closing arguments: "I see no crimes having been committed beyond a reasonable doubt. The case is dismissed and sealed." The 6-foot-4 Clifford acknowledged during trial that he was aggressive and overbearing when he approached Long Island Rail Road commuters he considered rude for talking too loudly on cell phones and for other behavior. During trial, Clifford, 60, admitted cursing at Nicholas Bender, "a 19-year-old nitwit waking up one girlfriend after another," and slapping the hand of Lydia Klein after she slapped his when he reached for a business card she was handing Bender on the train from Long Beach to Manhattan's Pennsylvania Station on March 28, 2007. Clifford, who retired as a police sergeant after 10 years on the job, said Tuesday he had been arrested eight times after being accused of throwing coffee, spewing expletives and getting in the faces of people whom he considered loud and rude on the commuter line. This was the only case that wasn't dismissed. "It took a lawyer and an old ex-police sergeant to stand up to it (public rudeness)," Clifford, of Long Beach, said as he left court. He said that unless lawmakers and the Metropolitan Transportation Authority do something, the lack of public civility will persist. Asked what he regretted about his behavior, Clifford replied, "Nothing." He added, "I don't want anybody to think they can't have a private conversation (around me), but keep it private." The LIRR issued a statement saying it was "disappointed" but accepted the judgment of the court. "Some of our customers feel as if they have been abused by Mr. Clifford's behavior," the statement said. "We will not tolerate aggressive behavior by Mr. Clifford if he seeks to impose his own standards of conduct on others. We will not hesitate in the future to call on police if necessary to protect the safety of our customer and employees." Meanwhile, Clifford, a lawyer since 1984, has filed five lawsuits against passengers and against the MTA, which runs the region's mass transit system, for issues arising from his reactions to rudeness. Clifford, formerly a security staffer for HBO, was fired after being arrested several times in connection with his LIRR confrontations. He said he plans now to "hang out my shingle again" and practice law. newsday.com/news/local/longisland/ny-nyclif0409,0,6170917.story Newsday.com LIRR rider acquitted in cell phone fight BY DANIEL EDWARD ROSEN [email protected] 6:34 PM EDT, April 8, 2008 Self-appointed Long Island Rail Road decorum enforcer John Clifford was found not guilty of assault Tuesday in an incident where he was accused of yelling at a man talking on his cell phone and slapping a woman's hand. Judge Larry Stephen in Manhattan Criminal Court found no criminal intent in Clifford's actions and acquitted him of the third-degree assault charge and other charges, including attempted petty larceny, second-degree harassment and disorderly conduct. Following the verdict, the retired New York Police Department officer, who said during the trial he just wanted to "drink my coffee, read my paper and get to work as peacefully as possible" during his daily commute between Long Beach and Penn Station, celebrated with a cigar outside court. Clifford, 60, who represented himself, said he is a reserve police officer. He did not call any witnesses on his behalf. LIRR commuters "think it's their absolute right to talk as loud as they want," Clifford said on the stand. "It's my intention to keep people from annoying me." The charges stemmed from a March 28, 2007, incident where commuter Nicholas Bender, 19, was sitting behind Clifford and speaking on his cell phone. Clifford snapped his fingers repeatedly at Bender to insist that he quiet down. Bender, who was learning about his cousin's kidney failure during the conversation, according to the prosecution, ignored Clifford. The prosecution said Clifford cursed at Bender and called him a slur. Fellow commuter Lydia Klein, who according to published reports works as a financial adviser in Manhattan, attempted to hand Bender her business card as on offer of assistance. Clifford allegedly tried to take the card from her and slapped her hand twice. On Tuesday, prosecutor Mary Weisgerber questioned people who claimed to be familiar with Clifford's behavior. Donna DeCurtis, who also rides the Long Beach line, said she was "petrified" of Clifford. "I avoided him at all costs," she said on the stand. DeCurtis said in March 2006, Clifford demanded that DeCurtis speak more quietly. "He said, 'I know who you are. I know you have a daughter. I know where you live,'" she said. LIRR conductor David Carliovoch testified Clifford was "a pain in the -- -- ." Weisgerber said Clifford's obsession for what he considered proper train behavior was like "a dog marking his territory." "He is not a white knight," Weisgerber said. "He is Darth Vader." LIRR spokesman Joe Calderone said in a statement Tuesday that the railraod was disappointed about the ruling. "Some of our customers feel as if they have been abused by Mr. Clifford's behavior," Calderone said. "We will not hesitate in the future to call on police if necessary to protect the safety of our customers and employees." "I don't think I should be punished for maintaining my rights to be alone," Clifford said outside court. Copyright © 2008, Newsday Inc.
So he fights rudeness by being obscene ? Interesting. I hate loud cell users too but why not just ask the guy to keep it down ? It works wonders.
Sounds like he needs more than that, although I can only imagine what the Long Island transit system is like during worktime commute. I doubt "hey buddy, tone it down" would have much affect these days, especially on 19 year old kid. People just don't care about anyone but themselves anymore. Generally, the populace at large also have little respect for everyone else. Shame, but this is probably the only real way to handle it. RMX
He sounds like a bully, not a hero. He uses his size and aggressive behavior to intimidate other people. What a coward.
Maybe this should be a poll on whether he should get a medal or not? BTW - The Japanese seem to agree, in principle at least ... http://www.textually.org/textually/archives/2008/03/019504.htm
Quite true. I get very annoyed everytime I eat dinner with my parents and my mom's cell phone rings. She yells over the phone. I really feel embarrassed and always mumble "Shhhh, no need to yell." Then she snaps at me. I also get very irritated by the parents who fail to control their kids at restaurants. I always enjoying mouthing off to them about their parental skills.
You're right. And this guy fits that mold to a T. He doesn't like what someone is doing, so he assaults them. He's just as much of a rude, inconsiderate prick as those he's fighting with. I don't see anyone worth cheering here.
I believe that saying of, "His heart was in the right place, but his method was the wrong way" (or something similar) fits this. I do think the slapping and cursing was a bit much. I'll applaud this guy for trying to keep annoying conversations down, but next time, let's think about how we should we do so.
Should have hooked the kid in the face, much simpler and much more effective. Honestly though, STFU if your on your cell phone in a public place (ie. Doctor's office, bus, train, car, lobby, restaurant, etc etc). I'm glad the guy tried to do something but he took it a little too far.
Wow, this is one of NY's finest? I still don't understand why people get irritated by someone talking over a cell phone. Sure, sometimes they look crazy gesturing at empty space, talking louder, or ignoring people around them like salesclerks. But so do others not talking on the phone. I think it might be the one-sided conversation people hear, instead of the full conversation of people around you. Your brain tunes out nearby talk, but your brain subconsciously kicks into gear trying to figure out what you are NOT hearing. And maybe a revolt against technology that ties you down. Here's the rub. You hate anyone who talks on the cellphone. Yet you probably carry one, AND talk on it in public. Of course your conversational needs are vital, immediate, and important........ People in glass houses should not throw stones.......
LMAO! I know. But the parents my friends and I have had a "discussion" with before, are beyond "just being kids". They are completely out of control, throwing food, being very obnoxious, and usually running around the restaraunt. It's not something I do all the time, but have done on occassion. I let it be when the parents are attempting to calm the kids down, but when they parents just sit there and think it's cute that foods being flung over various booths, it's time to speak up. Ask politely first, and a little more firm the second time. The third time, it's time to come unglued and call for the manager to speak with the family.
