Kelly’s Cousin Complains Against Police
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

Arthur Heller is among the 3,000 New Yorkers a year who formally complain about police brutality or misconduct. His case stands out because Mr. Heller’s cousin is the city’s police commissioner, Raymond Kelly.
Mr. Heller claims he was beaten by two plainclothes officers after his MetroCard didn’t work properly two weeks ago. Cops have been cracking down on MetroCard abuse, and Mr. Heller apparently found himself caught up in an ongoing effort to prevent subway fraud.
Mr. Heller, 27, is the son of Mr. Kelly’s first cousin, also named Arthur Heller. A civil rights claim filed with the city yesterday seeks $1 million in damages.
In a separate “excessive force” complaint filed with the Civilian Complaint Review Board, Mr. Heller claims he repeatedly told police officers he was related to Mr. Kelly and wished to speak with him. He certainly had time to make that request – Mr. Heller claims police held for him four hours without charging him with any crime.
Police officials refused to discuss Mr. Heller’s case or characterize the commissioner’s relationship with him. Mr. Heller could not be reached for comment and his attorney, Gabriel Levinson of the Law Offices of Michael Samuel, also refused to describe Mr. Heller’s relationship with Mr. Kelly beyond their official designation as first cousins once removed.
According to Mr. Levinson, the incident began around 9:45 a.m. on January 11 when Mr. Heller tried to enter the subway station near 43rd Street and Eighth Avenue that serves the A and C lines. His MetroCard failed several times, with the turnstile flashing the familiar warning, “Please swipe again.”
“Two men appeared wearing streetclothes, approached Art and tried to take his MetroCard from him, tackled and punched him prior to identifying themselves as police officers,” according to Mr. Levinson’s description of events. “My client thought he was being mugged or kidnapped and never resisted arrest.”
Mr. Heller was then tackled and beaten, according to the attorney, sustaining a bruise to his left eye requiring medical attention. The bruise is among the images depicted in four photographs filed with the city.
According to Mr. Levinson’s account, Mr. Heller was using his MetroCard legally. Mr. Levinson would not say whether officers told his client why they were holding him in handcuffs for two hours and then in a holding cell for another two hours.
Police and transit officials have struggled over the last few years to prevent subway riders from bending Metrocards in a way that offers free rides. In some cases, people have used the manipulated cards to sell subway rides for less than the $2 fare.
The Police Department’s deputy commissioner for public information, Paul Browne, said Mr. Heller and his father have not contacted Mr. Kelly since the incident. Mr. Levinson would not say if there had been any contact between the Hellers and the commissioner.
Mr. Heller’s claim against the city accuses the NYPD of violating his civil rights under federal law, and also accuses the city of gross negligence and recklessness in training the two officers involved in the dispute.
While the vast majority of brutality complaints against the police are either abandoned or determined to lack merit, Mr. Heller’s case is noteworthy because he is initiating legal action against a world-renowned police department run by his cousin. His allegations will surely attract scrutiny because of the familial relationship with Mr. Kelly.
To be sure, “cousin” is a broad term and plenty of people have cousins they never see, speak to or socialize with. Mr. Kelly will eventually have to describe whether Mr. Heller is a close relative or an estranged cousin he’d just as soon never see again. Statistically, Mr. Heller’s allegations face a big hurdle because independent investigators substantiate only about 10% of the 3,000 claims against the police in a typical year.
Given Mr. Heller’s claim that he was “physically abused, assaulted, beaten, battered, choked, battered with excessive force, falsely imprisoned, harassed, handcuffed and received negligent and intentional emotional distress at the hands of the City of New York and its Police Department, agents servants, and employees,” Mr. Heller probably shouldn’t count on an invitation to his cousin’s apartment for Thanksgiving.
Mr. Goldin’s political column appears weekly.