January 3, 2020

In a calculated and reckless move putting criminals first, Governor Cuomo and the Democrat controlled New York Legislature eliminated the requirement of bail for so called non-violent crimes. The change was enacted this past June during the end of the legislative session and took effect the first of this month. The new law eliminates the ability of judges to use their discretion to decline bail to those individuals who are charged with serious offenses who are deemed a danger to the public. The law as written mandates the immediate release of those charged with a host of serious crimes. The Governor estimated the new law will keep over 90% of those accused out of jail.

While the Governor and legislature claim that the law only covers non-violent crime, does any rational person believe that any of the following crimes are non violent: aggravated vehicular homicide, second-degree manslaughter, aggravated vehicular assault, second-degree robbery, third-degree robbery, third/fourth/fifth-degree arson, third-degree assault, promoting an obscene sexual performance by a child possessing an obscene sexual performance by a child, promoting a sexual performance by a child, failure to register as a sex offender, making terroristic threats, etc. Therefore there is no question that the new law was designed to empty our jails and release violent felons back into the cities, towns and villages of New York.

The elimination of bail is not the only egregious part of the new law. The law also changes the rules of discovery which govern the disclosure of evidence by the prosecution as well as the defense. In particular, the old law required the defendant's attorney to file a motion for discovery which had no explicit time frame for prosecutors to turn over the information. In addition, the old law did not mandate the immediate disclosure of all potential witnesses. The new law requires prosecutors turn over all evidence within 15 days of arraignment which can be extended for 30 days if there is a significant amount of evidence. This now includes the name and contact information of any person with relevant information about the case and any witness statement related to the case. While judges can issues protective orders to shield the ID of  witnesses and those with relevant information or limit the discovery timeframe as well as limit the disclosure to a defendant's attorney, the law as written reduces the safeguards afforded to witnesses. 

The very basic responsibility of government is to protect it's residents and provide law and order for an ordered society. Even though New Yorkers often disagree on various public policy issues and political questions, the right to safety is one of the most undisputed issues. Releasing predicate felons and violent criminals back on the street serves no purpose but to expose the most vulnerable of our society to the whims of criminal predators who already have no respect for the law. Even those charged with assault as a hate crime have been released after being arrested several times on similar charges. Is it any wonder why the rash of reported hate crimes against Jews in Brooklyn have dramatically increased? 

In a bizarre statement responding to the terroristic hate fueled machete attack at a Rabbi's home in Monsey NY, Andrew Cuomo blamed President Trump for the increase in hate crimes. Andrew conveniently forgot his own hateful rhetoric when he previously told people of faith who oppose abortion, support traditional marriage and support the 2nd amendment to leave New York. While Cuomo recently proposed a new criminal offense based on mass murder and or attempted mass murder as a hate crime with the possibility of life in prison, he should at least move to amend his dangerous get out of jail free bail law that puts criminals first and endangers all New Yorkers. It is without a doubt who our elected leaders have decided to put first and it's certainly not our families, it is the criminal.