QUEENS, NY- The beat goes on for New York. First, we have new criminal justice reform starting on Jan 1, which will change rules of discovery for prosecution, and which will reduce all but the most serious crimes to equivalency with a traffic ticket.
Now, we have incoming Queens District Attorney Melinda Katz announcing that when she takes over on Jan 1, she will go soft on criminal defendants.
Of course she will.
Katz said that she will make it easier for criminal defendants to have their cases in front of a grand jury within five days of an arrest, and unlike the current policy, they will maintain their right to plea bargain. Currently, the Queens DA’s office will not bargain with a defendant who does not waive his right to the five-day grand jury rule.
In a press statement issued by Katz’s transition team, it said:
“Beginning with cases newly arraigned on January 1, 2020, the DA’s staff will at all times be open to discussions aimed at resolving cases and will not withhold plea offers from persons who choose to exercise this statutory right.”
Katz has also said that the current policy of refusing to engage in plea discussions with defendants who’ve been indicted by a grand jury “will also be abandoned.”
Katz claims that the changes were made to “foster a new spirit of cooperation” with all parties—including defendants—to seek justice.
This reminds one of the scene in The Lion King when Scar talked about a “new era of cooperation” between lion and hyena. We saw how well that worked out.
Ironically, Katz defeated Democrat Socialist Tiffany Caban, who was supported by the infamous bartender turned congressman Alexandria Ocasio-Cortez, in a primary for the Democrat nomination, and who was funded in part by billionaire busybody George Soros’ PAC. Katz easily defeated her Republican challenger.
The primary race, according to some, caused Katz to go hard to the left on criminal justice issues. Among programs Katz supports is to end cash bail for many crimes, which has been passed by the New York state legislature.
Of course, the race between Katz and Caban was dominated by several social justice initiatives, including legalizing prostitution and more “fairness” for defendants, rather than prosecuting crimes and standing up for crime victims.
Left-leaning DA’s have unfortunately become a “thing” across the country. True to form, they want reform to the bail system, substantially reduce enforcement of lower-level drug offenses, implementation of diversion programs over jail time, and ending so-called “mass incarceration.”
Oh, and certainly their big thing is to hold police accountable for alleged wrongdoing.
Of course, law enforcement organizations, along with advocacy groups, state and federal politicians, and anti-crime prosecutors have come out in opposition to these platforms. They accuse these so-called “reformers” of being anti-police and believe these proposals will make people less safe.
In May, Attorney General William Barr, who has come out as a strong supporter of police and law enforcement in general, spoke to a conference of the Fraternal Order of Police in New Orleans. He noted that:
“…the emergence in some of our large cities of district attorneys that style themselves as ‘social justice’ reformers, who spend their time undercutting the police, letting criminals off the hook, and refusing to enforce the law,” is “demoralizing to law enforcement and dangerous to public safety.”
In Suffolk County, MA, which includes Boston, DA Rachael Rollins has implemented a host of reforms in her office, including refusing to prosecute so-called “minor” offenses such as larceny under $250, shoplifting, and drug possession with intent to distribute. Of course, recreational marijuana is legal in the Bay State.
These reforms have angered police officers, as well as store owners in the Boston area, who have seen a rash of shoplifting by criminals emboldened by Rollins’ hands-off policy.
Probably the biggest bullseye in the “reform” movement is on Philadelphia County District Attorney Larry Krasner.
Police groups and law enforcement organizations have widely criticized Krasner. Among some of his greatest hits, he fired 31 prosecutors at the start of his term because they were unwilling to implement his radical policies.
He also placed 29 Philadelphia police officers on a “do-not-call list”—in essence stating that they could not be considered credible witnesses at trials.
In August, six Philadelphia police officers were shot. The U.S. attorney for the Eastern District of Pennsylvania pulled no punches when laying responsibility for the shooting where he felt it should lie.
“There is a new culture of disrespect for law enforcement in this city that is promoted and championed by District Attorney Larry Krasner—and I am fed up with it,” said William McSwain, who was nominated to the office by President Trump, a champion of police and law enforcement.
He was just getting started.
“We’ve now endured over a year and a half of the worst kinds of slander against law enforcement—the DA routinely calls police and prosecutors corrupt and racist, even ‘war criminals’ that he compares to Nazis,” he said. “This vile rhetoric puts our police in danger. It disgraces the Office of the District Attorney. And it harms the good people in the City of Philadelphia and rewards the wicked.”
A spokesman for the Philadelphia Lodge of the Fraternal Order of Police, Mike Neilen, told NBC News:
“The perception of Larry has been that he’s been soft on crime and has created a culture or a perception or an appearance that he’s soft on crime.”
In an attempt to get Krasner under control, Pennsylvania law makers passed legislation to give certain authority to the state’s attorney general to prosecute certain firearms violations only in Philadelphia.
The provision is timed to expire in two years, when Krasner’s first (and hopefully only) term ends. The reason was because Krasner had substantially increased the number of gun cases sent to a diversionary program as opposed to being prosecuted.
Of course, when one digs a little bit deeper guess who is knee deep over the Philadelphia District Attorney’s race? George Soros. Soros spent nearly $1.7 million dollars through RealJustice PAC. Soros is usually up to his eyeballs in social engineering schemes and this is no exception.
Soros has also been trying to get his candidates elected to state attorney general positions throughout the country.
Before Krasner got his mitts on the Philadelphia DA’s office, he was practicing law in Philadelphia specializing in criminal defense and civil rights cases. He sued the Philadelphia PD 75 times. He does not believe in the death penalty and has called law enforcement “systemically racist.” Sounds like just the guy you want prosecuting the bad guys.
Beware of RealJustice PAC. They have had eight of their endorsed candidates elected since 2017, including Krasner and Rollins. Anytime Soros has his mitts into anything, you know that the intentions cannot be good.
We we reported Friday, as part of the coming New York bail reform, criminals will now be allowed to inspect their own crime scenes. Of course they will.
Let’s say a suspect commits a residential burglary. Well it only makes sense that he should get to return to the home where he committed the crime and inspect the homeowner’s property as part of their defense.
Lt. Steven Stockdale of the Warren County Sheriff’s Office said police will have a difficult time explaining to victims why they’ll be allowing an offending burglar back into the victim’s home.
“It really boggles the mind that this is a reality for us now. Talk about re-victimization,” he said.
The purpose of allowing them back into the home, or wherever the crime scene may be?
“So that the defendant and his representatives can return to it, take photographs, take measurements, and stuff along those lines,” Stockdale said.
Additionally, if the victim is a homeowner and doesn’t comply with the defendant’s new right to revisit their burglarized home, they could be arrested.
If that wasn’t bad enough, suspects will also be almost immediately provided a full list of named witnesses set to testify against them in court.
No longer can witnesses be assured of their protected identity without explicitly requesting a protective order from a judge, as the list must be handed over within 15 days of the arraignment hearing.
No doubt that will assure witnesses promptly come forward to assist police in their investigations.
Manhattan District Attorney Cy Vance said this “is a seismic change that undoubtedly will dissuade witnesses who live in all neighborhoods from reporting crime.”
Other changes packed in with these “bail reforms” are the fact that “non-violent” criminals don’t have to sit in jail waiting for their trial dates. Nor do they have to post bail. They will be released at the scene of the crime and told to come back for their court date.
Included in the list of “non-violent” crimes are:
Aggravated vehicular 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;
Criminally negligent homicide; and
Aggravated vehicular homicide.
New York Governor, Andrew Cuomo, is receiving many thanks for passing this legislation. Of course, those sentiments are coming from criminals.
Jose Jorge, 47-years-old, is a drug dealer facing 96 years in prison and reportedly laughed regarding a man who died after using drugs Jorge’s crew sold him. The drug was reportedly a mix of fentanyl, heroin, and alparazolam. Jorge was being held without bail, but after court last month, he was released without paying any bail at all.
As he walked out of the court room, Jorge yelled, in Spanish, “Cuomo for President!” His attorney told him to be quiet, but Jorge couldn’t contain his praises for Cuomo and his criminal-freeing legislation.
“It’s in my heart, man. It’s in my heart, bro,” he proclaimed to news cameras.
Several of the co-defendants in Jorge’s case were released on the same day.
Although the new bail reform laws don’t take effect until January 2020, Justice Abraham Clott said that if he waited until then, “mayhem would ensue” if he didn’t start the releases now. The judge said:
“Total system chaos would result to delay changing bail conditions when cases are being adjourned past the effective date of the law.”
Justice Clott also said:
“The legislature has determined that incarceration is not appropriate for a narcotics defendant facing a lifetime in prison.”
Also in New York, Skylar Crouse, 30-years -old, killed a 38-year-old man by striking him with his vehicle while he lead police on a chase.
He is currently in jail, but will be released on January 1 thanks to Cuomo’s bail reform. If the incident had occurred after that date, he never would have seen a jail cell.
In a statement, Cuomo remarked that he doesn’t believe that “a person’s freedom while awaiting trial should depend on how much money is in their bank account.”
Fulton County Sheriff Richard Giardino, who was previously a judge for 18 years, said:
“You’re going to see a large spike in people not going to court in the first six to nine months of this, then you’re going to see our officers spending numerous hours, numerous days tracking people who have been bench warranted.”
So, America, sit back, relax, and grab the popcorn as we watch all hell break loose in New York. And while you’re at it, say a prayer for NY law enforcement and the innocent, law-abiding citizens of the state.
In the meantime, police officers across the country continue to be the target of attacks by criminals.
Last week, a man from Bergen, NY ended an 11-hour rampage where he stole a car and robbed two gas stations, by assaulting two officers and dousing them with gasoline.
Last Sunday at around 6:45 p.m., Elon Seeger, 31, was involved in a domestic incident in Bergen. Genesee County Sheriff’s Deputies responded to the call. When they arrived at the scene, Seeger stole a vehicle belonging to a family member and drove it at two of the deputies.
Shortly afterward Just after 7:01 p.m., a robbery was reported at a Kwik Fill gas station in the town of Chili. Monroe County deputies responded to the call and based on the description of the perpetrator it was determined that Seeger was the suspect in that incident as well.
Several hours later at around 11:30 p.m., the stolen vehicle, occupied by a man matching Seeger’s description was seen in in the town of Scottsville, however it fled before deputies could make contact with the driver.
The next morning at 5:10 a.m., another robbery was reported at a Speedway convenience store in Chili. Once again, the suspect was identified as Seeger. The suspect vehicle was found about 10 minutes later by officers of the Gates Police Department in a parking lot.
Two police officers approached Seeger, when he suddenly assaulted them and poured gasoline on them. Police body-cam footage obtained by WHEC shows the moment when Seeger doused the officers with gasoline.
According to police, a violent struggle ensued, however Seeger was subsequently arrested, and charged by Gates police with second-degree assault, fourth-degree criminal possession of stolen property, and resisting arrest. One of the arresting officers reported a laceration and bruising on his forehead.
Seeger also faces charges in Genesee County, including attempted assault on a law enforcement officer, fourth-degree grand larceny, second-degree reckless endangerment, unlawful fleeing a police officer, obstructing governmental administration, and unauthorized use of a motor vehicle.
Unbelievably, Seeger was committed to Monroe County Jail and was scheduled to appear this past Friday for a preliminary hearing.
As LET has reported several times, New York is schedule to implement new criminal justice and bail reforms on Jan 1. Under those guidelines, many of the charges that Seeger was charged with will be ineligible for cash bail OR jail time.
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Seeger is not a stranger to run-ins with law enforcement. He served two years at Franklin Correctional Facility after he was convicted in 2015 for second-degree criminal mischief in Monroe County.
Meanwhile, a Medina, NY man who was involved in a domestic violence incident in November was placed in jail after twice escaping police custody, according to Medina village police.
Police were called to a home after neighbors reported a man chasing a woman down the street and yelling at her. Upon arrival, officers found Joseph J. Motzer, 26, had violated a court protective order that resulted from incidents earlier in the year.
Chief Chad Kenward of the MVPD said that the woman in this case declined to press charges, however police had probable cause to charge him with contempt of court for violating the protective order.
Motzer was placed under arrest and secured in a police cruiser, however he was able to pull away from an officer and ran. He was immediately apprehended. Once at police headquarters, he was placed in a holding cell, however, was able to slip out of cuffs and run from the holding cell. He was once again immediately apprehended. You’ve got to give the guy an “A” for trying.
Motzer was charged with felony criminal contempt of court, two counts of felony second-degree escape, and misdemeanor counts of menacing, resisting arrest, and disorderly conduct. He was arraigned and held in Orleans County Jail with a $5,000 bond. In two weeks, he likely would have been released under new bail reform laws in New York, courtesy of liberal loon Andrew Cuomo and the New York state legislature.
Motzer has a long history of violence, and this was his fourth domestic violence arrest this year. It makes one wonder what a criminal must do in New York to actually stay in jail.
In March, he was charged with third-degree assault, unlawful imprisonment, stalking, menacing and endangering the welfare of a child. Hopefully Motzer does not actually have to kill somebody before justice officials in New York put him in jail.
In September, he was charged with endangering, and in October with assault, trespassing and menacing.
Despite more than two dozen arrests in the last eight years, Motzer has never served a state prison term, only local jail terms. Most of the arrests are for domestic violence incidents.
Finally, in the “they don’t call them criminals because they’re smart” department, we present Andrew N. Kubicki, 32.
On Dec 9, Kubicki went to the Wyoming, NY County Jail to bond out his girlfriend, Shere A Sanders, who was being held on a theft of services rap, along with several charges related to drugs found in her apartment, as well as charges of resisting arrest and second-degree obstructing governmental administration.
Unknown to Kubicki, a warrant was also issued for him for criminal possession of drug paraphernalia and two counts of seventh-degree criminal possession of a controlled substance.
When Kubicki showed up at the jail to bond out his girlfriend, Sanders, deputies discovered the warrant that had been issued in the township of Arcade. Oh, and he also had driven to the jail with six suspensions on his driver’s license.
Kubicki was placed under arrest in the jail lobby and was additionally charged with second-degree aggravated unlicensed operation. He is scheduled to appear in court at a later date.
He was released to the Arcade PD, after which he was later turned over to Lackawanna police, who held yet another warrant for him. Sometimes it does not pay to be a nice guy to your girlfriend.