As dumb as the moves sound, the state’s drive to spring some 900 city jailbirds early and the city’s plans to bribe them to show up for court are fully in the spirit of the “reform” law that kicks in Jan. 1. That’s the real problem.
Gov. Andrew Cuomo says he was unaware of state plans for early release of hundreds of accused. Maybe so — but he can’t be ignorant of the law itself, since he signed it.
The state Office of Court Administration is just figuring out how to apply the law, which outlaws bail for many offenses, when the ball drops in Times Square. Releasing all eligible jailbirds on New Year’s Day is impractical; hence the talk of springing them in batches through year’s end.
And never mind that those sprung include the likes of Jose “Catano” Jorge, charged with first-degree criminal sale of a controlled substance after a customer OD’d on fentanyl-laced heroin. Or Jacob Morales, who has two prior assault convictions and allegedly pulled a razor on a No. 4 straphanger. Or Anthony Matarazzo, who did hard time for robbery in Jersey and stands accused of holding up two Manhattan banks.
Outraged that these guys will get out early? Come Jan. 1, all such accused criminals will automatically walk pending trial.
They’re more likely to walk after trial, too: The “reform” law also gives defense lawyers the right to see all the prosecution evidence, including witness names, within two weeks of arraignment. If prosecutors fail to deliver, the case may collapse. Same if witnesses decide they’re too scared to testify after getting “mysterious” threats.
Now you see why departing Police Commissioner James O’Neill, incoming PC Dermot Shea and law-enforcement pros across New York are worried.
Mayor Bill de Blasio’s plans to offer the accused free baseball tickets, movie passes and gift cards to get them to return for court may look naïve — as one Manhattan Criminal Court senior staffer aptly put it: “You’re literally rewarding them for committing a crime.” But rewarding criminals fits perfectly with the new law.
Which, again, Cuomo signed. So he gets no points for being less doofy than Blas here.
A memo circulated by prosecutors across the state lists some of the no-bail crimes come Jan. 1: criminally negligent homicide, aggravated assault on a child under 11, selling drugs on or near school grounds.
That’s some reform.