Federal judge steps down from Eastchester cop's suit against town over connection to chief

Andrew Krause, a federal magistrate judge overseeing a former Eastchester police officer's whistleblower lawsuit against the police department, unexpectedly removed himself from the case after disclosing a personal connection to the police chief.

At a hearing last week, Krause told attorneys for both the whistleblower, Anthony Barberan, and the police department that one of his school-aged children is a classmate and friend of one of the children of Chief Joseph Rodriguez. Krause also acknowledged that he has made social conversation with Rodriguez about their professional lives, including his work as a U.S. magistrate judge.

"He and I cross paths from time to time," Krause said.

But Krause emphasized that he did not know Rodriguez was the town's police chief until earlier this year, and that once he did, he avoided "talking about work, to avoid venturing into any area that I think could start to become problematic."

Michael Sussman, Barberan's attorney, voiced some reticence to Krause's continued participation in the case.

"I just feel like it’s going to create concerns on my client's part, to be frank with you," he said at the hearing. "My client doesn’t know you."

Krause first suggested he would stay on the case

Krause nevertheless suggested he would not recuse himself from the case. Referencing consultations he had with the administrative branch of the federal court system about this issue, he noted that this was far from a clear-cut case for recusal. "The responses I’ve received were mixed," he said.

But the very next day, the case was reassigned to another federal magistrate judge, Victoria Reznik.

Barberan brought his lawsuit against the town in 2019, alleging racial discrimination and stereotyping. A federal district judge tossed out a large part of his lawsuit in 2021, but allowed some claims of discrimination to proceed. Barberan has also accused the department of operating a ticket quota system , which is illegal in New York.

Rodriguez was not the chief during this period of time but was still expected to be a significant witness in the case.

In a prior statement to The Journal News/lohud, Rogriguez said Barberan is engaging in "lying and deceit." Barberan was fired in 2021 following a disciplinary hearing where the hearing officer found that he had used excessive force during an arrest.

A decision in the case could come at any time. Rodriguez did not respond to a request for comment.

Asher Stockler is a reporter for the USA Today Network New York. You can send him an email at astockler@lohud.com . Reach him securely: asher.stockler@protonmail.com .

This article originally appeared on Rockland/Westchester Journal News: Federal judge steps down from Eastchester cop's suit against town over connection to chief