October 26, 2020

Statement from Special Council Investigator Andrew G. Celli Jr.

Approximately five weeks ago, the Rochester City Council, by Ordinance No.
2020-283, appointed me to serve as Special Council Investigator to investigate the
City’s response to the death of Daniel Prude (the “Investigation”). Today, I
provide the following update on the status of the Investigation. 1

• Last week, our office received a substantial production of documents from

the City in response to the subpoenas issued by the City Council. The
records produced from the Mayor’s Office, the Law Department, the
Rochester Police Department, and the City Council number in the hundreds
of thousands; they include emails, cell-phone records, and documents hosted
on City computers. The records were produced in an electronic format that
are searchable and sortable.

• Our office has also agreed with Special Counsel for the City, Carrie L.
Cohen, on a process for the prompt production of documents that are in the
personal possession of individual City officials and employees. Among the
records to be produced are relevant records obtained from privately-owned
cell phones that were used by City officials and employees for City business.

• In order to allow us sufficient time to review the documents provided in

response to the Council’s subpoenas, our office has adjourned all previously
scheduled depositions without date. Once we have reviewed the relevant
documents produced both by the City and by individuals, our office will set
new dates for depositions and commence the deposition process. We
anticipate that the depositions will begin later in November 2020.

• On October 5, 2020, this office served a City Council subpoena upon

La’Ron Singletary, the former Chief of the Rochester Police Department.
The subpoena calls upon former Chief Singletary to produce documents and
provide testimony relevant to the Investigation. Former Chief Singletary,
through his attorney, has conveyed that he is unwilling to provide documents
or give testimony in response to the Council’s subpoena.
1
Immediately before the public release of this Statement, our office provided this Statement to the Special
Committee of the City Council appointed to serve as an intermediary between our office and the full City Council.
Consistent with the independence of this office required by Ordinance No. 2020-283, no substantive information
about the Investigation is being provided to the Special Committee.

1
 Chief Singletary’s refusal to cooperate in the Investigation, while very
unfortunate, will not materially impede our progress. Even as we actively
consider remedies for such non-compliance (including, but not limited to,
court enforcement), our work will continue, drawing on the many other
sources of documentary evidence and testimony that are available to us.

Copies of correspondence between our office and former Chief Singletary’s

attorney are available, along with other public materials from the
Investigation, at the website of our law firm, Emery Celli Brinckerhoff
Abady Ward & Maazel LLP.2

2
https://ecbawm.com/celli-to-lead-independent-investigation-of-rochester-city-government-in-the-wake-of-the-
death-of-danial-prude/