A federal judge has ordered lawyers involved in a civil rights lawsuit against the city of Philadelphia to issue formal apologies to residents after conducting a “scream test” in a residential neighborhood.
U.S. Judge John F. Murphy ruled last week that the legal team responsible for a “scream test,” which featured a continuous recording of a woman’s screams that was carried out in the early hours of September 23, must apologize both in writing and in person to residents living near South Broad Street and Passyunk Avenue.
“Plaintiff’s counsel shall prepare a written apology that explains their transgression and takes full responsibility for the repercussions of the scream test,” the judge wrote. “Plaintiff’s counsel shall mail the apology letter, with a copy of the opinion, to every home and business on the blocks marked in red or blue on the map below.”
He added: “At least one of plaintiff’s counsel shall personally visit the homes and businesses on the blocks marked in blue below to reasonably endeavor to apologize in person. The visits must be performed by one or more lawyers who have appeared in this case on behalf of plaintiff.”
The lawyers, representing a man suing the city and several police officers over his wrongful arrest in 2001 and nearly two-decade imprisonment for sexual assault, staged the recording as part of their case. Their client, identified as Termaine Hicks, who was shot three times by police at the scene back in 2001, claims he was attempting to help the victim and argues that the screams could be heard from two blocks away.
The conviction against him was vacated in 2020.
Describing the incident as “a deeply disturbing and potentially dangerous situation,” Judge Murphy criticized the lawyers for their lack of foresight, emphasizing the test’s impact on the community as the scream test took place near row homes and a day care center.
“Plaintiff counsel’s disregard for community members fell short of the ethical standards by which all attorneys practicing in this district must abide,” the judge wrote.
The intersection of Snyder Ave and Broad Street in Philadelphia on October 3, 2019. A judge ordered lawyers involved in a civil rights lawsuit against the city to issue formal apologies to residents after conducting a “scream test.”
DON EMMERT/AFP/Getty Images
Neighbor Rachel Robbins told The Philadelphia Inquirer about her experience: “It was so jarring. It was just really awful.”
After the scream test, Robbins contacted the city and later received a response from City Solicitor Renee Garcia. In the letter, obtained by NBC10 Philadelphia, Garcia stated the recording was conducted by an expert retained by a person currently suing the city.
“As such, we had limited control over the conditions of the testing,” Garcia wrote. “I raise this not to excuse what happened, but to provide context as to why the individuals representing the City on location did not shut down the testing immediately.”
While the lawyers’ identities are unclear, NBC10 spoke to Neufeld Scheck Brustin Hoffman & Freudenberger, LLP, the New York-based law firm responsible for the recording. They said they did not intend to cause any harm.
“We conducted a test in connection with an important civil rights case and did not intend to cause harm to anybody. We understand why residents are upset, and we want to sincerely apologize to the community and anybody affected. We feel terrible about the negative impact on the community,” the spokesperson wrote, adding, “We cannot talk with more specificity about the details given ongoing litigation.”
According to Murphy’s order, the legal team has until the end of October to file a certification that they complied with the order, including an explanation of the steps taken and a copy of the apology letter.
This article includes reporting from the Associated Press.
