NYPD officer goes to court over punishment for Trump patch, says she left judge 'speechless'

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NYPD officer files suit to overturn lost pay after wearing Trump patch on uniform

NYPD Sergeant Dana Martillo and attorney Joseph W. Murray joined 'Fox & Friends First' to discuss the lawsuit and what could be seen as a double standard as the department is expected to remain 'apolitical.'

An NYPD officer is taking legal action, asking a judge to overturn 40 days of lost pay stemming from a pro-Trump patch she wore on duty. 

NYPD Sgt. Dana Martillo and attorney Joseph W. Murray joined "Fox & Friends First" on Thursday to discuss the lawsuit and why the consequences can be seen as a double standard as the department is expected to remain "apolitical."

"It was funny, because the judge had asked me if he thought — or if I thought, rather — my actions were appropriate," Martillo told co-host Todd Piro. "I looked at him and I said, 'I don't think they were inappropriate.' He asked me to elaborate, and I explained if it was an American flag, a Dominican flag, or an LGBT patch, no one would have cared or said anything… I believe it left him speechless."

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NYPD Sgt. Dana Martillo filed suit to overturn lost pay stemming from wearing a pro-Trump patch on duty. Martillo and her attorney Joseph W. Murray joined "Fox & Friends First" on Thursday. (Fox News)

According to the New York Post, Martillo filed the lawsuit earlier this week, alleging an unfair administrative trial. She claims the investigation was "very biased and politically motivated."

Martillo wore the "Trump Make Enforcement Great Again" patch while on duty in February 2021 when she was working at a Black Lives Matter protest. A video circulated online and the department was quick to respond.

"Members of the NYPD must remain apolitical- It's essential to public trust & officers' ability to perform their jobs," former Police Commissioner Dermot Shea tweeted. 

Martillo lost 40 days of paid work as a result. She was suspended for 10 days and lost 30 vacation days over the incident. 

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Martillo was deemed guilty on all four charges at an administrative trial for expressing political beliefs and wearing unapproved patches. 

But her punishments didn't stop there. 

Martillo said she was placed on performance monitoring back in November. 

Murray noted that although the department reiterated its expectation for officers to remain apolitical, he argued some high-ranking officials have not always complied with that policy. 

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"The former chief of department, Terence Monahan, got down on his knees holding hands with other protesters at a Black Lives Matter protest, and that was OK. That was acceptable," he said. "There were other chiefs that were also, and high-ranking officials, who really — I think this came from Mayor de Blasio, to bow down and kneel down on the floor at the foot of these protests."

"That's OK, but God forbid somebody wear something that's even related to Donald Trump, and they crucify you," Murray continued. 

Murray also explained why he believes First Amendment rights are at stake, given the politically targeted nature of the policy enforcement. 

"That's the sad thing, that this country, we are going down a path that is very dangerous," he said. "They pick and choose what to enforce and who to enforce it against."