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Barr, Targeting Anti-Semitic Crimes, Enters Bail Reform Fray Barr, Targeting Anti-Semitic Crimes, Enters Bail Reform Fray
(14 days later)
In the month since New York enacted a sweeping series of changes to its bail laws that have set thousands of defendants free pending their trials, many law enforcement officials have urged lawmakers to reconsider the law.In the month since New York enacted a sweeping series of changes to its bail laws that have set thousands of defendants free pending their trials, many law enforcement officials have urged lawmakers to reconsider the law.
The roster of prominent critics includes Dermot Shea, the New York City police commissioner, as well as Richard P. Donoghue, the top federal law enforcement official in Brooklyn.The roster of prominent critics includes Dermot Shea, the New York City police commissioner, as well as Richard P. Donoghue, the top federal law enforcement official in Brooklyn.
Opponents have seized on defendants recently released under the new bail laws who were rearrested on suspicion of committing new crimes, including several anti-Semitic incidents.Opponents have seized on defendants recently released under the new bail laws who were rearrested on suspicion of committing new crimes, including several anti-Semitic incidents.
The most prominent of those instances involved Tiffany Harris, a Brooklyn woman who allegedly slapped three Orthodox women in late December. Ms. Harris was released without bail, only to be arrested a day later for assaulting another person.The most prominent of those instances involved Tiffany Harris, a Brooklyn woman who allegedly slapped three Orthodox women in late December. Ms. Harris was released without bail, only to be arrested a day later for assaulting another person.
On Tuesday, Ms. Harris’s legal woes intensified as Attorney General William P. Barr appeared in Brooklyn to announce federal hate-crime charges against her, promising “zero tolerance for this kind of violence.”On Tuesday, Ms. Harris’s legal woes intensified as Attorney General William P. Barr appeared in Brooklyn to announce federal hate-crime charges against her, promising “zero tolerance for this kind of violence.”
“This will not be an isolated case,” Mr. Barr said during a visit to the Boro Park Jewish Community Council. “We will move aggressively if we see this kind of activity.”“This will not be an isolated case,” Mr. Barr said during a visit to the Boro Park Jewish Community Council. “We will move aggressively if we see this kind of activity.”
Mr. Barr did not specifically mention bail reform, but his citation of Ms. Harris’s case will undoubtedly give new ammunition to its opponents, and could increase pressure on lawmakers in Albany to make modifications.Mr. Barr did not specifically mention bail reform, but his citation of Ms. Harris’s case will undoubtedly give new ammunition to its opponents, and could increase pressure on lawmakers in Albany to make modifications.
Numerous lawmakers in the State Senate and the Assembly — both ruled by Democrats — have indicated that changes need to be made, but leaders in both chambers have said it is too soon to make broad judgments on the law, which went into effect on Jan. 1.Numerous lawmakers in the State Senate and the Assembly — both ruled by Democrats — have indicated that changes need to be made, but leaders in both chambers have said it is too soon to make broad judgments on the law, which went into effect on Jan. 1.
Gov. Andrew M. Cuomo, a third-term Democrat, indicated last week that while he anticipated some changes to the new law, any revisions needed to be carefully considered since the previous cash bail system was “repugnant to justice.”Gov. Andrew M. Cuomo, a third-term Democrat, indicated last week that while he anticipated some changes to the new law, any revisions needed to be carefully considered since the previous cash bail system was “repugnant to justice.”
“You look at the consequences from the change and you address them — which we are all open to doing,” Mr. Cuomo said. “But let’s do it intelligently and not politically or in some knee-jerk fashion.”“You look at the consequences from the change and you address them — which we are all open to doing,” Mr. Cuomo said. “But let’s do it intelligently and not politically or in some knee-jerk fashion.”
The new law was passed by lawmakers last spring, as part of a raft of progressive legislation that aimed to modernize the state’s long-stagnant criminal justice statutes. Under the new law, judges are not allowed to set bail for a long list of misdemeanors and nonviolent felonies, including many instances of burglary, robbery, drug offenses, assault and arson.The new law was passed by lawmakers last spring, as part of a raft of progressive legislation that aimed to modernize the state’s long-stagnant criminal justice statutes. Under the new law, judges are not allowed to set bail for a long list of misdemeanors and nonviolent felonies, including many instances of burglary, robbery, drug offenses, assault and arson.
Bail originally was used as a way to guarantee that defendants returned to court for trial, but activists say the system had been corrupted and abused by law enforcement to unfairly jail poor defendants while releasing wealthy offenders.Bail originally was used as a way to guarantee that defendants returned to court for trial, but activists say the system had been corrupted and abused by law enforcement to unfairly jail poor defendants while releasing wealthy offenders.
That paradigm found a vivid, and tragic, example in 2010 when a Bronx teenager, Kalief Browder, spent three years on Rikers Island because his family could not raise $3,000 for bail. The charges against Mr. Browder, who had been accused of stealing a backpack, were dropped for lack of evidence in 2013; he later committed suicide.That paradigm found a vivid, and tragic, example in 2010 when a Bronx teenager, Kalief Browder, spent three years on Rikers Island because his family could not raise $3,000 for bail. The charges against Mr. Browder, who had been accused of stealing a backpack, were dropped for lack of evidence in 2013; he later committed suicide.
But as soon as the new bail law took effect, critics began highlighting a parade of instances where recently released defendants allegedly committed more crimes once freed.But as soon as the new bail law took effect, critics began highlighting a parade of instances where recently released defendants allegedly committed more crimes once freed.
In one example, a man who had been charged with stealing or attempting to steal from four New York City banks was released without bail; hours later, the police said, he robbed a Chase bank in Brooklyn.In one example, a man who had been charged with stealing or attempting to steal from four New York City banks was released without bail; hours later, the police said, he robbed a Chase bank in Brooklyn.
“No sound, rational and fair criminal justice system requires the pretrial release of criminal defendants who demonstrate such determination to continuously commit serious crimes,” Mr. Donoghue, the United States attorney for the Eastern District of New York, said after the suspect was rearrested earlier this month.“No sound, rational and fair criminal justice system requires the pretrial release of criminal defendants who demonstrate such determination to continuously commit serious crimes,” Mr. Donoghue, the United States attorney for the Eastern District of New York, said after the suspect was rearrested earlier this month.
Ms. Harris, 30, still faces a number of state charges, including assault, attempted assault, harassment and menacing. Police officials said at the time that Ms. Harris admitted to slapping the three women because she believed they were Jewish.Ms. Harris, 30, still faces a number of state charges, including assault, attempted assault, harassment and menacing. Police officials said at the time that Ms. Harris admitted to slapping the three women because she believed they were Jewish.
According to the federal complaint, Ms. Harris attacked all three women within a 10-minute period at around 12:40 a.m. on Dec. 27 in Crown Heights, a neighborhood in Brooklyn with a large Jewish population, “because of their actual or perceived religion.”According to the federal complaint, Ms. Harris attacked all three women within a 10-minute period at around 12:40 a.m. on Dec. 27 in Crown Heights, a neighborhood in Brooklyn with a large Jewish population, “because of their actual or perceived religion.”
Two of the victims were wearing clothing that made them identifiable as Jewish, an F.B.I. agent wrote in the complaint. In the second attack, Ms. Harris approached a woman who was walking with five other Jewish people, hit her on the back of the head and uttered a profane, anti-Semitic remark.Two of the victims were wearing clothing that made them identifiable as Jewish, an F.B.I. agent wrote in the complaint. In the second attack, Ms. Harris approached a woman who was walking with five other Jewish people, hit her on the back of the head and uttered a profane, anti-Semitic remark.
Ms. Harris’s lawyers reacted angrily to the federal charges levied against her, which carry a maximum prison sentence of 10 years. They said she was “being used as a scapegoat for the fear-mongering surrounding bail reform,” adding she was currently hospitalized and “not endangering anyone.”Ms. Harris’s lawyers reacted angrily to the federal charges levied against her, which carry a maximum prison sentence of 10 years. They said she was “being used as a scapegoat for the fear-mongering surrounding bail reform,” adding she was currently hospitalized and “not endangering anyone.”
“Many members of the Jewish community have spoken out against the use of incarceration in her case, including one of the victims,” said Lisa Schreibersdorf, the executive director of Brooklyn Defender Services. “I don’t know how this can been seen as necessary or even humane.”“Many members of the Jewish community have spoken out against the use of incarceration in her case, including one of the victims,” said Lisa Schreibersdorf, the executive director of Brooklyn Defender Services. “I don’t know how this can been seen as necessary or even humane.”
The change to bail is seen as a signature accomplishment of the Democratic-led State Legislature, pushed by a passel of young progressives who have often challenged mainstream Democrats like Mr. Cuomo to move further to the left. They have urged their colleagues to resist rolling back any portion of the law.The change to bail is seen as a signature accomplishment of the Democratic-led State Legislature, pushed by a passel of young progressives who have often challenged mainstream Democrats like Mr. Cuomo to move further to the left. They have urged their colleagues to resist rolling back any portion of the law.
Another measure adopted last year to fix what lawmakers considered flaws in the criminal justice system — the creation of a Commission on Prosecutorial Misconduct — suffered a setback on Tuesday when a state court judge ruled that the commission violated New York’s Constitution because it “diminishes” the judiciary’s role in disciplining attorneys.Another measure adopted last year to fix what lawmakers considered flaws in the criminal justice system — the creation of a Commission on Prosecutorial Misconduct — suffered a setback on Tuesday when a state court judge ruled that the commission violated New York’s Constitution because it “diminishes” the judiciary’s role in disciplining attorneys.
It was unclear what impact the ruling would have on the future of the commission, which had not yet taken shape.It was unclear what impact the ruling would have on the future of the commission, which had not yet taken shape.
A spokesman for Mr. Cuomo, who expressed concerns about whether the panel would withstand a legal challenge even as he signed the bill to create it, said that the governor’s office was reviewing the decision. A spokesman for Carl Heastie, the Assembly speaker, did not immediately respond to a request for comment.A spokesman for Mr. Cuomo, who expressed concerns about whether the panel would withstand a legal challenge even as he signed the bill to create it, said that the governor’s office was reviewing the decision. A spokesman for Carl Heastie, the Assembly speaker, did not immediately respond to a request for comment.
As for the bail changes, many who have criticized them have asked lawmakers to give judges some discretion in seeking bail in cases where defendants pose a perceived risk to the public.As for the bail changes, many who have criticized them have asked lawmakers to give judges some discretion in seeking bail in cases where defendants pose a perceived risk to the public.
“The N.Y.P.D. believes significant bail reform can be achieved, as long as judges are granted the discretion to remand suspects whom they determine to be genuinely dangerous, including chronic repeat offenders,” Commissioner Shea wrote in an Op-Ed for The New York Times.“The N.Y.P.D. believes significant bail reform can be achieved, as long as judges are granted the discretion to remand suspects whom they determine to be genuinely dangerous, including chronic repeat offenders,” Commissioner Shea wrote in an Op-Ed for The New York Times.
The New York City mayor, Bill de Blasio, also has suggested that changes to the new law may be necessary, saying on Tuesday that he has spoken to Commissioner Shea.The New York City mayor, Bill de Blasio, also has suggested that changes to the new law may be necessary, saying on Tuesday that he has spoken to Commissioner Shea.
“We’re going to address the challenges we face,” the mayor said.“We’re going to address the challenges we face,” the mayor said.
Reporting was contributed by Luis Ferré-Sadurní, Emma G. Fitzsimmons, Edgar Sandoval, Ed Shanahan and Liam Stack. Reporting was contributed by Luis Ferré-Sadurní, Emma G. Fitzsimmons, Edgar Sandoval, Mattathias Schwartz, Ed Shanahan and Liam Stack.