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After Anti-Semitic Incidents, New Bail Law in N.Y. Comes Under Attack After Anti-Semitic Incidents, New Bail Law in N.Y. Comes Under Attack
(about 5 hours later)
ALBANY, N.Y. — In the week since New York officially ended cash bail for many nonviolent criminal defendants, concerns over a spate of anti-Semitic incidents and other recent alleged crimes committed by those released under the law have spurred calls to undo parts of the legislation.ALBANY, N.Y. — In the week since New York officially ended cash bail for many nonviolent criminal defendants, concerns over a spate of anti-Semitic incidents and other recent alleged crimes committed by those released under the law have spurred calls to undo parts of the legislation.
Numerous state leaders have recently called for changes to the new law, including Gov. Andrew M. Cuomo, a third-term Democrat. The governor said this week that the bill, which he signed in April, was a “work in progress,” adding that there were “consequences that we have to adjust for.”Numerous state leaders have recently called for changes to the new law, including Gov. Andrew M. Cuomo, a third-term Democrat. The governor said this week that the bill, which he signed in April, was a “work in progress,” adding that there were “consequences that we have to adjust for.”
The campaign to modify the law will be the sharpest test yet of Democratic Party unity since it won complete control of the State Legislature in 2018, and a barometer of whether the party’s insurgent progressive wing can maintain its influence.The campaign to modify the law will be the sharpest test yet of Democratic Party unity since it won complete control of the State Legislature in 2018, and a barometer of whether the party’s insurgent progressive wing can maintain its influence.
Lawmakers, who begin the 2020 session on Wednesday, have already proposed revisions to the law, outraging some activists who had long fought for its passage and who described such maneuvers as craven and politically calculated.Lawmakers, who begin the 2020 session on Wednesday, have already proposed revisions to the law, outraging some activists who had long fought for its passage and who described such maneuvers as craven and politically calculated.
“Straighten your back up, puff your chest up and hold firm on bail,” said Stanley Fritz, the state political director for Citizen Action, a government reform group, during a boisterous rally in the State Capitol on Tuesday. “There is absolutely no going back.”“Straighten your back up, puff your chest up and hold firm on bail,” said Stanley Fritz, the state political director for Citizen Action, a government reform group, during a boisterous rally in the State Capitol on Tuesday. “There is absolutely no going back.”
The law requires defendants to be released without cash bail on a long list of misdemeanors and nonviolent felonies, including stalking, a range of drug offenses and some kinds of arson, burglary and robbery.The law requires defendants to be released without cash bail on a long list of misdemeanors and nonviolent felonies, including stalking, a range of drug offenses and some kinds of arson, burglary and robbery.
Prosecutors and other law enforcement officials had expressed deep concerns about how the changes could affect public safety; since the law went into effect on Jan. 1, they have redoubled their efforts through Facebook groups and other social media.Prosecutors and other law enforcement officials had expressed deep concerns about how the changes could affect public safety; since the law went into effect on Jan. 1, they have redoubled their efforts through Facebook groups and other social media.
Their campaign has been aided by news media coverage of cases like that of Tiffany Harris, a Brooklyn woman who was arrested and released without bail after being accused of slapping three Orthodox Jewish women. She was rearrested after the police said she assaulted another woman a day later.Their campaign has been aided by news media coverage of cases like that of Tiffany Harris, a Brooklyn woman who was arrested and released without bail after being accused of slapping three Orthodox Jewish women. She was rearrested after the police said she assaulted another woman a day later.
Supporters of changes to the law have pushed back, accusing opponents of cherry-picking a few cases to stoke public anxiety.Supporters of changes to the law have pushed back, accusing opponents of cherry-picking a few cases to stoke public anxiety.
“We are seeing elected officials turn back because of fear-mongering,” said Akeem Browder, the brother of Kalief Browder, a Bronx teenager whose long incarceration on Rikers Island and subsequent suicide galvanized the push for reform. “That’s cowardice. It’s atrocious.”“We are seeing elected officials turn back because of fear-mongering,” said Akeem Browder, the brother of Kalief Browder, a Bronx teenager whose long incarceration on Rikers Island and subsequent suicide galvanized the push for reform. “That’s cowardice. It’s atrocious.”
Opponents of cash bail have long argued that it criminalizes poverty, tilting the justice system in favor of wealthy defendants, and can result in collateral damage as the accused lose jobs, apartments and relationships while incarcerated for minor offenses.Opponents of cash bail have long argued that it criminalizes poverty, tilting the justice system in favor of wealthy defendants, and can result in collateral damage as the accused lose jobs, apartments and relationships while incarcerated for minor offenses.
New York is among several solidly Democratic states, like California and Illinois, that have limited the use of bail, though legislatures in more Republican states like Texas and Alaska have also embraced reforms. But unlike New Jersey, which passed reforms in 2014, New York did not give state judges the discretion to consider whether a person posed a threat to public safety in deciding whether to hold them.New York is among several solidly Democratic states, like California and Illinois, that have limited the use of bail, though legislatures in more Republican states like Texas and Alaska have also embraced reforms. But unlike New Jersey, which passed reforms in 2014, New York did not give state judges the discretion to consider whether a person posed a threat to public safety in deciding whether to hold them.
Mr. Cuomo’s original bail reform proposal had included a tool that would allow judges to assess the risk to public safety by granting someone bail, but legislators did not include it in the bill they passed last year.Mr. Cuomo’s original bail reform proposal had included a tool that would allow judges to assess the risk to public safety by granting someone bail, but legislators did not include it in the bill they passed last year.
Some of the proposals being floated by lawmakers would grant judges that discretion, a change that has been supported by Mayor Bill de Blasio, a reform-minded Democrat who cautioned that any change should include a “very precise definition of dangerousness” that would not be “overused.”Some of the proposals being floated by lawmakers would grant judges that discretion, a change that has been supported by Mayor Bill de Blasio, a reform-minded Democrat who cautioned that any change should include a “very precise definition of dangerousness” that would not be “overused.”
The New York City police commissioner, Dermot F. Shea, has also argued that judges should have greater power to hold potentially dangerous defendants. The state attorney general, Letitia James, a Democrat, has suggested that the new laws be revisited but declined to say which changes she supported.The New York City police commissioner, Dermot F. Shea, has also argued that judges should have greater power to hold potentially dangerous defendants. The state attorney general, Letitia James, a Democrat, has suggested that the new laws be revisited but declined to say which changes she supported.
Mr. Cuomo’s aides declined to say on Tuesday whether the governor planned to address bail in his speech on Wednesday, but Democrats in suburban swing districts seemed eager to make changes to the bill. Mr. Cuomo’s aides declined to say on Tuesday whether the governor planned to address bail in his State of the State speech on Wednesday, but Democrats in suburban swing districts seemed eager to make changes to the bill.
“Clearly there are urgent issues that need to be resolved quickly — and changes to the law should be at the top of the agenda as soon as we return to Albany,” said Senator Todd Kaminsky, a Democrat and a former federal prosecutor from Nassau County. “The public safety of our constituents should be our first priority.”“Clearly there are urgent issues that need to be resolved quickly — and changes to the law should be at the top of the agenda as soon as we return to Albany,” said Senator Todd Kaminsky, a Democrat and a former federal prosecutor from Nassau County. “The public safety of our constituents should be our first priority.”
Indeed, the conflict over the bail law threatens to overshadow what should be a triumphant return to Albany for Democratic lawmakers, who are fresh off a 2019 legislative session that many considered historic.Indeed, the conflict over the bail law threatens to overshadow what should be a triumphant return to Albany for Democratic lawmakers, who are fresh off a 2019 legislative session that many considered historic.
Instead of running on such victories, Democrats like Mr. Kaminsky are being hammered by Republicans, who are hoping for a potentially powerful election-year talking point and regaining their majority in the State Senate.Instead of running on such victories, Democrats like Mr. Kaminsky are being hammered by Republicans, who are hoping for a potentially powerful election-year talking point and regaining their majority in the State Senate.
“New York Democrats have blood on their hands,” Nick Langworthy, the chairman of the New York Republican Party, said in a news conference on Monday. “They rushed this dangerous, reckless law through, despite warnings from law enforcement.”“New York Democrats have blood on their hands,” Nick Langworthy, the chairman of the New York Republican Party, said in a news conference on Monday. “They rushed this dangerous, reckless law through, despite warnings from law enforcement.”
Some jurisdictions had already begun to carry out the changes before the official start date on New Year’s Day, leading to the release of some defendants who then allegedly committed other crimes.Some jurisdictions had already begun to carry out the changes before the official start date on New Year’s Day, leading to the release of some defendants who then allegedly committed other crimes.
The new law also corresponded with a swell of anxiety and fear stemming from several high-profile anti-Semitic attacks, including the stabbing of five Hasidic Jews at a rabbi’s home in Monsey, N.Y.The new law also corresponded with a swell of anxiety and fear stemming from several high-profile anti-Semitic attacks, including the stabbing of five Hasidic Jews at a rabbi’s home in Monsey, N.Y.
But the rise in anti-Semitic attacks should not be used to justify changes to the bail reform law, said Abby Stein of Jews for Racial and Economic Justice.But the rise in anti-Semitic attacks should not be used to justify changes to the bail reform law, said Abby Stein of Jews for Racial and Economic Justice.
“Most of these attacks happened before Jan. 1,” she said. “The Pittsburgh synagogue attack would not have been affected by bail reform.”“Most of these attacks happened before Jan. 1,” she said. “The Pittsburgh synagogue attack would not have been affected by bail reform.”
Jumaane D. Williams, the New York City public advocate, who led a rally on Tuesday outside Manhattan Supreme Court in support of the bail reform law, agreed. “Anti-Semitism has been on the rise for years,” he said. “Bail reform has been in effect for six days.”Jumaane D. Williams, the New York City public advocate, who led a rally on Tuesday outside Manhattan Supreme Court in support of the bail reform law, agreed. “Anti-Semitism has been on the rise for years,” he said. “Bail reform has been in effect for six days.”
Nonetheless, the anti-Semitic attacks have helped ratchet up political pressure on Democrats, who championed the changes to bail as part of a bold progressive agenda that included major policy changes on issues like rent laws, climate change, immigration, congestion pricing and election reform.Nonetheless, the anti-Semitic attacks have helped ratchet up political pressure on Democrats, who championed the changes to bail as part of a bold progressive agenda that included major policy changes on issues like rent laws, climate change, immigration, congestion pricing and election reform.
State Senator Julia Salazar, a first-term Democrat from Brooklyn who is part of a young liberal bloc in Albany’s upper chamber, said the changes were “really positive transformative reforms.” But she added that the onus was on her and her colleagues to educate constituents and opponents about “the initial intent of cash bail,” a centuries-old method to ensure people return to court.State Senator Julia Salazar, a first-term Democrat from Brooklyn who is part of a young liberal bloc in Albany’s upper chamber, said the changes were “really positive transformative reforms.” But she added that the onus was on her and her colleagues to educate constituents and opponents about “the initial intent of cash bail,” a centuries-old method to ensure people return to court.
Ms. Salazar said she also understood her colleagues’ reticence to fully embrace the changes, saying that her office had received more than 700 form emails — all from outside her district — expressing concerns about bail. “So I sympathize with them,” she said.Ms. Salazar said she also understood her colleagues’ reticence to fully embrace the changes, saying that her office had received more than 700 form emails — all from outside her district — expressing concerns about bail. “So I sympathize with them,” she said.
But considering that the changes had just taken effect, “it’s unreasonable for us to earnestly consider making amendments that would water down or roll back” the law, she said.But considering that the changes had just taken effect, “it’s unreasonable for us to earnestly consider making amendments that would water down or roll back” the law, she said.
On Monday, Senator Michael Gianaris, the Queens Democrat who serves as deputy majority leader, reiterated that the previous bail system unfairly discriminated against poor people. He pointed to the case of Harvey Weinstein, the disgraced Hollywood mogul accused of rape whose trial began this week. Mr. Weinstein has remained free after posting a $1 million bail in 2018.On Monday, Senator Michael Gianaris, the Queens Democrat who serves as deputy majority leader, reiterated that the previous bail system unfairly discriminated against poor people. He pointed to the case of Harvey Weinstein, the disgraced Hollywood mogul accused of rape whose trial began this week. Mr. Weinstein has remained free after posting a $1 million bail in 2018.
Still, Mr. Gianaris acknowledged that the possible changes would soon be a prime topic of discussion among lawmakers descending on Albany, as criticism is likely to continue.Still, Mr. Gianaris acknowledged that the possible changes would soon be a prime topic of discussion among lawmakers descending on Albany, as criticism is likely to continue.
“There’s no question the demagogues and fear-mongers have their running shoes on now,” Mr. Gianaris said.“There’s no question the demagogues and fear-mongers have their running shoes on now,” Mr. Gianaris said.
But, he added, that should not outweigh the new law’s intended benefits. “For every story that ends up in the press that is concerning,” he said, “there are dozens of people who have been accused of very low-level crimes that are now home with their families.”But, he added, that should not outweigh the new law’s intended benefits. “For every story that ends up in the press that is concerning,” he said, “there are dozens of people who have been accused of very low-level crimes that are now home with their families.”
Luis Ferré-Sadurní contributed reporting from New York.Luis Ferré-Sadurní contributed reporting from New York.