Lawmakers Turn Up The Heat On Bail Reform
New Hoosick Falls Incident Fuels The Fire
By Doug La Rocque
The Rensselaer County Legislature, by a unanimous 19-0 vote, has approved a resolution that implores New York State to immediately amend or suspend the bail reform provisions by emergency executive authority, or any other means deemed possible by the State. The new law took effect the first of the year, and has been heavily criticized for releasing new and repeat offenders without bail, for crimes up to and including manslaughter, imposing a 15-day discovery period, and allowing the accused to possibly return to a crime site, with their attorneys.
\Speaking on the floor of the legislative meeting on Tuesday, January 14, District 5 Legislator Bruce Patire of Eagle Bridge said “We just had a situation in Hoosick Falls where a repeat offender was arrested for smashing a car windshield with an ax while a woman was inside; he was released by the judge. These reforms have stripped judges from using their discretion, and considering a suspect’s previous criminal record. The State should allow judges to judge each case individually.” Speaking of Governor Andrew Cuomo and the state’s legislative leaders, Mr. Patire added “They’re more interested in protecting the criminals instead of the victims.”
At the Hoosick Falls Village Board meeting on the same night, Police Chief Robert Ashe reported a late Monday night arrest for violating an order of protection. Despite the fact the suspect has a 31-page rap sheet (criminal record), including 19 previous arrests, the Village Court had to free him without bail. The Chief reports a very short time later, the woman who is the subject of the protection order reported someone was throwing rocks against her house. When police arrived, the rock thrower was gone, but the same subject was located nearby and questioned. Chief Ashe said there was no additional arrest because proximity to the crime is not proof enough. He told the Village Board the woman now fears for her life and for those of her children.
Speaking with The Eastwick Press, Chief Ashe said the new law “offers those arrested and charged with a crime, no consequence for their actions.” Mayor Rob Allen said he understands some of the intent of bail reform, but as it now stands, “it is a clear danger to many victims.”
The Mayor’s comment was also voiced by Legislative Vice-Chair Kelly Hoffman, who told her fellow lawmakers, “I am afraid people may not want to report witnessing a crime because they may be afraid that the criminal will learn their identity.” Legislative Chair Mike Stammel said “We have warned residents about the negative impacts these reforms could have, and now we are seeing them first hand in Rensselaer County.”
The area lawmakers are not alone in their opposition as many Sheriffs and District Attorneys have weighed in on the matter, including Rensselaer County’s Sheriff Pat Russo and DA Mary Pat Donnelly. Ms. Donnelly was quoted in last week’s edition of The Eastwick Press as saying “my office is already seeing the effects of these reforms in the first week of the New Year. We are dealing with the reality that dangerous criminals are being released into our communities with no bail set to motivate their return to court. At the same time, we are also working tirelessly to meet the requirements of the discovery mandate.” Sheriff Russo was much more blunt and right to the point when he said “it was a bad idea right from the start.”
County Executive Steve McLaughlin said in a press release, “Every day the State fails to address the bail reforms is a day New Yorkers are less safe. The top priority of the state needs to be to fix these reforms and restore common sense to our courts and communities.”
Last week we reported on comments Governor Cuomo made, calling the bail reform measure “a work in progress” and that some changes may have to be made. The Governor made no reference to any changes in his recent State of the State address, a development many Republican lawmakers labeled as disappointing.
We also reported that 107th District Assemblyman Jake Ashby was co-sponsoring a bill with Assembly Member Mary Beth Walsh to enact a moratorium on these reforms. Speaking with The Eastwick Press on Tuesday, the Republican Assemblyman said House Speaker Carl Heastie, a Democrat from the Bronx, seems “disinclined” to take any action on bail reform.