Press pause button and really listen to the professionals and victims on Criminal Justice Reform
Justice delayed is justice denied but it can also be said that justice rushed is also justice denied!
That is what, as they are evaluated more fully, will be the effect of the so-called “criminal justice reform” proposals that become the law in New York State as of January 1, 2020.
Starting New Year’s Day, a defendant must be released from custody without bail and only with an appearance ticket for scores of serious and violent crimes including criminally negligent homicide, manslaughter, aggravated vehicular homicide, burglary, arson, making a terroristic threat, promoting or possessing an obscene sexual performance by a child, and animal cruelty, among many others.
Meanwhile, the new discovery reform law will require the prosecution to turn over all “discoverable” materials no later than 15 days after arraignment. Currently, the defense must make a written request and there is no time frame. This is very concerning as many cases take time to appropriately investigate and some evidence, such as DNA tests, could take some time to fully analyze.
The defense will now have access to victim information, including names and addresses which could lead to witness intimidation and even death, as violent gangs such as MS13 are known to execute witnesses in criminal cases.
Under the new law, defendants will also be able to gain access to crime scenes to inspect, photograph or measure. This is particularly concerning in domestic violence and in sex crimes cases where perpetrators can not only intimidate their victims but also are known to take pleasure in returning to the scene of their crimes.
While I’m supportive of looking at reforming our criminal justice system to help reduce recidivism and turn people’s lives around, that can’t be done at the expense of public safety. The so- called reforms that ultimately passed were done in haste in the flurry of passing a state budget without getting input from the criminal justice experts who will have to implement the law.
We are heading for changes on January 1st that will place an open season by NewYork’s criminal element on the honest, law-abiding citizens we represent and have taken an oath to serve.
That’s why I voted against these changes and held press conferences to sound the alarm over them prior to their passage.
Unfortunately, as I have written about before in the Saratogian, our state government and our quality of life has been turned upside down now that total control of all levers of power emanates from one voice, from one political affiliation from one region of the state.
While I support and am sponsoring legislation for a full repeal of these reforms, the reality is that bill will have a steep hill to climb for passage given the current political makeup at the state Capitol. However, I believe there is some broad bi-partisan consensus that changes need to be made to the law in order to protect public safety.
That’s why I have also introduced legislation with Assemblywoman Mary Beth Walsh (R,C,I-Ballston) to hit the pause button with at least a one-year moratorium on the far-reaching bail and discovery reform law that takes effect on January 1st.
Our legislation seeks a one-year moratorium on the bail and discovery reform law so statewide hearings can be held in all 10 regions of the state to hear from all criminal justice experts and stakeholders, including district attorneys, law enforcement, victims, victims’ advocates, domestic violence prevention advocates and other citizens.
Our one-year moratorium bill has received bipartisan support from law enforcement including Democratic Schenectady County District Attorney Robert Carney, Saratoga County Sheriff Michael Zurlo, Saratoga County District Attorney Karen Heggen, Fulton County Sheriff Richard Giardino, and Fulton County District Attorney Chad Brown. We also have support from victims’ advocates such as Regina and Michael Stewart, parents of the late Shenendehowa High School student Christopher F. Stewart, who was tragically killed, along with Deanna Rivers, in 2012 by a drunk and drugged driver.
We need to hit the pause button and have a one-year moratorium on the bail and discovery law reforms to keep the scales of justice in place in a rational, fair and truly balanced way.
As of January 1st, they will be balanced in favor of the perpetrators and against the victims, thereby creating a “criminal bill of rights” and effectively issuing “get- out- of-jail-free cards” for criminals.
If the legislature does not come back before the end of this year to address this urgent public safety matter and pass a one-year moratorium on bail reform, I fear a tragedy may occur where a perpetrator is released back into the community on bail and ends up committing more violent crimes.