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The entrance to the Rikers Island Correctional Department facilityThe entrance to the Rikers Island Correctional Department facility (Reuters/Stapleton)

Statements that a correction officer made to investigators looking into whether he assaulted a visitor to Rikers Island may be used to prosecute him despite his objections to how and where he was interrogated, a state judge has decided.

Acting Bronx Supreme Court Justice Steven Barrett (See Profile) concluded that although the formal process for city Department of Investigation (DOI) interviews of employees was not followed during the questioning of Gregory Grabowski, the judge could not find any authority stating there was only one way for the DOI to conduct investigatory interviews.

“Thus, the existence of this formal procedure does not explicitly or implicitly revoke the right of DOI investigators to conduct field interviews of any and all individuals who are persons of interests” by following the city’s rules, including the conferring of use immunity to suspect employees before they are interviewed, the judge ruled in People v. Grabowski, 2048/12.

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