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Kevin Thomas Duffy, U.S. Judge in Terrorism Cases, Dies at 87 Kevin Thomas Duffy, U.S. Judge in Terrorism Cases, Dies at 87
(about 20 hours later)
This obituary is part of a series about people who have died in the coronavirus pandemic. Read about others here.This obituary is part of a series about people who have died in the coronavirus pandemic. Read about others here.
Kevin Thomas Duffy, a federal judge who presided over decades of high-profile trials in Manhattan, including those of mob bosses, radical revolutionaries and the terrorists who bombed the World Trade Center in 1993, died on Wednesday in Greenwich, Conn. He was 87.Kevin Thomas Duffy, a federal judge who presided over decades of high-profile trials in Manhattan, including those of mob bosses, radical revolutionaries and the terrorists who bombed the World Trade Center in 1993, died on Wednesday in Greenwich, Conn. He was 87.
A longtime colleague and friend, P. Kevin Castel, said the cause was Covid-19, the disease caused by the coronavirus. Judge Duffy died in Greenwich Hospital and lived in that town.A longtime colleague and friend, P. Kevin Castel, said the cause was Covid-19, the disease caused by the coronavirus. Judge Duffy died in Greenwich Hospital and lived in that town.
Judge Duffy is probably most widely remembered for presiding at the trial of the Islamic militants who were convicted in the 1993 attack on the trade center. He also oversaw another trial in the 1990s involving an aborted plot to blow up as many as a dozen American airliners over the Pacific Ocean.Judge Duffy is probably most widely remembered for presiding at the trial of the Islamic militants who were convicted in the 1993 attack on the trade center. He also oversaw another trial in the 1990s involving an aborted plot to blow up as many as a dozen American airliners over the Pacific Ocean.
In the 1970s, he heard a prolonged, contentious case over cleaning up New York City’s air; and in the ’90s he presided in an emotional clash over the exclusion of an Irish gay and lesbian group from the line of march in the city’s annual St. Patrick’s Day parade.In the 1970s, he heard a prolonged, contentious case over cleaning up New York City’s air; and in the ’90s he presided in an emotional clash over the exclusion of an Irish gay and lesbian group from the line of march in the city’s annual St. Patrick’s Day parade.
In handling these and thousands of other criminal and civil matters over almost 40 years, Judge Duffy gained a reputation for being colorful and often controversial in the courtroom, displaying an independent, even defiant streak and delivering unvarnished comments from the bench. He would sometimes compliment jurors on their apparel.In handling these and thousands of other criminal and civil matters over almost 40 years, Judge Duffy gained a reputation for being colorful and often controversial in the courtroom, displaying an independent, even defiant streak and delivering unvarnished comments from the bench. He would sometimes compliment jurors on their apparel.
He once referred to a prosecutor as “that obnoxious little twerp.” In another case, an appeals court threw out a verdict because it said that the judge’s comments before the jury — including calling a lawyer’s questions “silly” and “goofy” — might have prejudiced the jurors against the lawyer’s client, who lost the case.He once referred to a prosecutor as “that obnoxious little twerp.” In another case, an appeals court threw out a verdict because it said that the judge’s comments before the jury — including calling a lawyer’s questions “silly” and “goofy” — might have prejudiced the jurors against the lawyer’s client, who lost the case.
After one of the six men convicted in the 1993 trade center attack maintained at his sentencing that he had not been involved in the bombing — in an underground garage, killing six people — Judge Duffy called him an “out-and-out” liar and declared, “The others were low, you’re even lower.”After one of the six men convicted in the 1993 trade center attack maintained at his sentencing that he had not been involved in the bombing — in an underground garage, killing six people — Judge Duffy called him an “out-and-out” liar and declared, “The others were low, you’re even lower.”
When Ramzi Ahmed Yousef, who was convicted of directing the bombing, asserted that terrorism was the only viable response to American policies toward Palestinian and other Muslim people, Judge Duffy read passages from the Quran showing, he said, that “your God is not Allah.”When Ramzi Ahmed Yousef, who was convicted of directing the bombing, asserted that terrorism was the only viable response to American policies toward Palestinian and other Muslim people, Judge Duffy read passages from the Quran showing, he said, that “your God is not Allah.”
“Death was truly your God, your master, your one and only religion,” he said.“Death was truly your God, your master, your one and only religion,” he said.
The judge sentenced Mr. Yousef to life in prison plus 240 years. He sentenced the five other conspirators to 240 years each, though an appeals court later said that he had erred in setting the terms for four of the five men, and he resentenced them to 108 to 117 years each.The judge sentenced Mr. Yousef to life in prison plus 240 years. He sentenced the five other conspirators to 240 years each, though an appeals court later said that he had erred in setting the terms for four of the five men, and he resentenced them to 108 to 117 years each.
In another trial before Judge Duffy, Mr. Yousef and two other men were convicted of plotting to blow up jetliners over the Pacific.In another trial before Judge Duffy, Mr. Yousef and two other men were convicted of plotting to blow up jetliners over the Pacific.
Because of his involvement in those terrorism cases, the judge had round-the-clock security for about a decade.Because of his involvement in those terrorism cases, the judge had round-the-clock security for about a decade.
Judge Duffy also presided in 1983 at one of the several Brink’s robbery and murder trials stemming from the 1981 shootout between the police and Black Liberation Army and other radicals in Rockland County, N.Y., in which a guard and two officers were killed. The trials led to several convictions.Judge Duffy also presided in 1983 at one of the several Brink’s robbery and murder trials stemming from the 1981 shootout between the police and Black Liberation Army and other radicals in Rockland County, N.Y., in which a guard and two officers were killed. The trials led to several convictions.
And in 1985 he oversaw the trial of Paul Castellano, the reputed head of the Gambino organized crime family, who was assassinated outside Sparks Steak House in Manhattan after the trial had begun.And in 1985 he oversaw the trial of Paul Castellano, the reputed head of the Gambino organized crime family, who was assassinated outside Sparks Steak House in Manhattan after the trial had begun.
Some lawyers considered Judge Duffy unduly tough in meting out sentences. For his part, he made it clear that he favored wide discretion in sentencing.Some lawyers considered Judge Duffy unduly tough in meting out sentences. For his part, he made it clear that he favored wide discretion in sentencing.
In a 1987 decision, as federal sentencing rules that limited the discretion of judges were about to take effect, he criticized people who, as he put it, wanted sentences to be imposed by “a mindless robot, automaton or computer.”In a 1987 decision, as federal sentencing rules that limited the discretion of judges were about to take effect, he criticized people who, as he put it, wanted sentences to be imposed by “a mindless robot, automaton or computer.”
Kevin Thomas Duffy, who preferred using his full middle name, was born in the Bronx on Jan. 10, 1933, to Patrick and Mary (McGarrell) Duffy. His father was a carpenter, his mother a homemaker.Kevin Thomas Duffy, who preferred using his full middle name, was born in the Bronx on Jan. 10, 1933, to Patrick and Mary (McGarrell) Duffy. His father was a carpenter, his mother a homemaker.
Updated June 5, 2020Updated June 5, 2020
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
After earning bachelor’s and law degrees from Fordham University, he was an assistant United States attorney in Manhattan and a lawyer in private practice.After earning bachelor’s and law degrees from Fordham University, he was an assistant United States attorney in Manhattan and a lawyer in private practice.
In September 1972, he was the administrator of the New York regional office of the Securities and Exchange Commission when President Richard M. Nixon nominated him to the United States Court for the Southern District of New York.In September 1972, he was the administrator of the New York regional office of the Securities and Exchange Commission when President Richard M. Nixon nominated him to the United States Court for the Southern District of New York.
Judge Duffy married Irene Krumeich in 1957. She was a judge with the New York State Family Court and also served in the Criminal Court and the New York Supreme Court. She survives him, as do a daughter, Irene Moira Lueling; two sons, Kevin Jr. and Gavin; two sisters, Marie Heslin and Patricia McKeon; and eight grandchildren. His son Patrick died in 2017.Judge Duffy married Irene Krumeich in 1957. She was a judge with the New York State Family Court and also served in the Criminal Court and the New York Supreme Court. She survives him, as do a daughter, Irene Moira Lueling; two sons, Kevin Jr. and Gavin; two sisters, Marie Heslin and Patricia McKeon; and eight grandchildren. His son Patrick died in 2017.
Judge Duffy also had a home in Southampton, N.Y.Judge Duffy also had a home in Southampton, N.Y.
One of the most drawn-out cases overseen by Judge Duffy was the 1970s battle involving New York City’s air quality. Environmental groups contended that the administrations of Gov. Hugh L. Carey and Mayor Abraham D. Beame had failed to enforce a pollution-reducing plan — including the imposition of tolls on East River bridges to discourage traffic — to which previous state and city administrations had agreed. Mayor Beame called the plan questionable and too costly.One of the most drawn-out cases overseen by Judge Duffy was the 1970s battle involving New York City’s air quality. Environmental groups contended that the administrations of Gov. Hugh L. Carey and Mayor Abraham D. Beame had failed to enforce a pollution-reducing plan — including the imposition of tolls on East River bridges to discourage traffic — to which previous state and city administrations had agreed. Mayor Beame called the plan questionable and too costly.
In two early rulings in the case, Judge Duffy declined to order the city to comply with the plan. But after an appeals court directed him to issue enforcement orders, the case became one of seemingly endless strife. At one point, Judge Duffy threatened to hold Governor Carey in contempt if he failed to meet one of the judge’s deadlines. The case ended without contempt proceedings and with the toll provision scrapped.In two early rulings in the case, Judge Duffy declined to order the city to comply with the plan. But after an appeals court directed him to issue enforcement orders, the case became one of seemingly endless strife. At one point, Judge Duffy threatened to hold Governor Carey in contempt if he failed to meet one of the judge’s deadlines. The case ended without contempt proceedings and with the toll provision scrapped.
In the case of the St. Patrick’s Day parade, Judge Duffy ruled in 1993 that the parade’s sponsor, a Roman Catholic fraternal order, had a constitutional right as a private organization to bar the gay and lesbian group from marching.In the case of the St. Patrick’s Day parade, Judge Duffy ruled in 1993 that the parade’s sponsor, a Roman Catholic fraternal order, had a constitutional right as a private organization to bar the gay and lesbian group from marching.
The United States Supreme Court later issued a similar decision in a parallel case involving Boston’s St. Patrick’s Day parade.The United States Supreme Court later issued a similar decision in a parallel case involving Boston’s St. Patrick’s Day parade.
In addressing jurors before one of the World Trade Center trials, Judge Duffy provided some insight into his courtroom manner, suggesting that his informality was intended to make jurors feel at ease.In addressing jurors before one of the World Trade Center trials, Judge Duffy provided some insight into his courtroom manner, suggesting that his informality was intended to make jurors feel at ease.
None of the trial participants would be allowed to use a word longer than “delicatessen,” he said, because legal matters should be expressed in language simple enough for everybody, including himself, to understand.None of the trial participants would be allowed to use a word longer than “delicatessen,” he said, because legal matters should be expressed in language simple enough for everybody, including himself, to understand.
Julia Carmel contributed reporting.Julia Carmel contributed reporting.