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Jurors See Videos of Cyclist Being Shoved to the Ground

By DNAinfo Staff on April 20, 2010 9:11am  | Updated on April 20, 2010 9:10am

Former police officer Patrick Pogan.
Former police officer Patrick Pogan.
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DNAinfo / Shayna Jacobs

By Shayna Jacobs

DNAinfo Reporter/Producer

MANHATTAN — On the night cyclist Christopher Long was thrown to the ground and arrested by a rookie police officer, a stream of cyclists rode down Seventh Avenue, enjoying a summer nighttime ride through the heart of the city.

In what appeared to be an orderly cruise down a busy avenue, hundreds of Critical Mass participants drove around traffic, raised their fists and cheered, videos played Monday in court showed. 

"It was almost celebratory, like we made it there. We got the police off our back," cyclist Alan Fox told jurors Monday as testimony began in the trial of former police officer Patrick Pogan.

But the fun was over on July 25, 2008 when Pogan charged at Long, shoving him off his bicycle and onto the pavement, as fellow riders and confused tourists crowded around, video evidence showed.

"Hit me! Assault me! I'll have your badges," Long shouted after he was knocked off his bike, videos shot that night and played in court showed.

Long was not badly hurt, but the fall aggravated a back injury he had been treated for previously, prosecutors said.

Pogan's attorney said his client's use of force was the mistake of a newbie officer, just 11 days on the street, who had been instructed by his commanders to arrest any out-of-control riders.

The cyclist, who ran from photographers outside the courthouse Monday, received a $65,000 settlement from the city, and Pogan resigned after serving some time on desk duty.

The former officer stands trial on felony charges for lying about the event in arrest documents, as well as assault and harassment charges.

"I know the video at first watch is going to look bad," Pogan's attorney Stuart London told jurors during his opening statement.

Fox, a civil engineer who has been riding in Critical Mass events since 2002, steered his bike with one hand and documented the ride with a handheld camcorder in the other. 

He said monthly Critical Mass rides in New York are usually monitored by police, and are more about promoting bicycling and environmental priorities for most participants than about causing trouble.

"You're leaderless. You're not supposed to have someone just telling you where to go," Fox said of the riders. 

He initially posted the video on YouTube, but took it down at Long's request.

Long faced resisting arrest and obstruction of government charges that were later dropped.

Testimony will resume Tuesday in Manhattan Supreme Court. 

Pogan faces up to four years in prison if convicted on the top charge.