[UPDATE BELOW] Though many NYPD officers were recognizable players in the drama of Occupy Wall Street's struggle to peaceably assemble in Lower Manhattan—Winski, Hipster Cop, Albano, and who could forget the poetry of McNamara and DiPace?—two stand out as galvanizing the movement through their violent response to protesters. Deputy Inspector Anthony Bologna, who wantonly pepper-sprayed protesters in September 2011, and Deputy Inspector Johnny Cardona, who sucker punched a protester in front of a million flashing cameras. The NYPD disciplined Bologna, and refused to provide him with an attorney to defend the multiple lawsuits against him. Now, the Law Department has declined to defend Cardona.

Cardona and the City are being sued by Felix Rivera-Pitre, the protester Cardona punched on the violent march through Lower Manhattan on October 14, 2011, shortly after Mayor Bloomberg announced that he wouldn't be kicking protesters out of Zuccotti Park after all (that would come later).

Rivera-Pitre's attorney, Ron Kuby, told the Times that he is “glad the city recognizes Cardona is not worth defending, but it is disturbing that the same city gives him a badge, a gun and a six-figure salary.”

In Bologna's case, Corporation Counsel Michael Cardozo said, “State law prohibits the city from representing or indemnifying city employees who are found to have violated agency rules and regulations." The NYPD has yet to discipline Cardona or accuse him of wrongdoing. NYPD spokesman Paul Browne initially said that Rivera-Pitre elbowed Cardona, and that the department was seeking his arrest, but those charges fizzled.

After the City refused to represent Bologna, NYPD Commissioner Ray Kelly expressed concern: "I think it can have a chilling effect on police officers taking action…And I'm concerned about an adverse effect on officers' willingness to engage."

When Cardona engaged a confident Rivera-Pitre on that cold morning, approximately 15 feet from where we were standing, you could hear his fist hit Rivera-Pitre's cheek. A few chaotic minutes later, Rivera-Pitre had escaped. (Later that day he told us, "I'm HIV positive and that cop should get tested.") We saw Cardona speaking with another ranking officer who asked the Deputy Inspector, "What happened?"

[UPDATE] We received a statement from Roy Richter, president of the Captain's Endowment Association, claiming that contrary to the court documents obtained by the Times, the Law Department has given no indication that they weren't going to represent Deputy Inspector Cardona.

Here is his email:

“Deputy Inspector Cardona has been cleared of all misconduct allegations lodged with the Police Department related to “Occupy Wall Street.” He has fully cooperated with the Office of the Manhattan District Attorney and the New York City Law Department at every stage of their review process. Deputy Inspector Cardona has received no notification, either formal or informal, from the Law Department that they are declining to represent him in lawsuits stemming from The Occupy Wall Street demonstrations. Deputy Inspector Cardona is the true victim of the OWS fiasco. He has been out of work for months and is recovering from multiple surgeries to his body as a result of injuries he sustained in the protest. For Kuby to refer to Inspector Cardona's sacrifice as a "joke" is a disgrace and highlight actions of an opportunist attorney seeking to further violent conduct by groups of professional agitators.” (Attached is a photo of DI Cardona being assaulted by OWS activists)

A spokeswoman for the Law Department said they were looking into the matter, and we'll update if we hear more.

A spokeswoman from the Law Department writes via email, "At the present time, we are not in a position to represent the Deputy Inspector in this matter."