NYC Defenders Condemn Effort To Gut Progressive Bail Reforms In Emergency Budget
April 1, 2020 Contact: Jared Chausow, Brooklyn Defender Services (JChausow@bds.org) Ryan Karerat, The Bronx Defenders (RKarerat@bronxdefenders.org) Redmond Haskins, The Legal Aid Society (RHaskins@legal-aid.org) Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org) Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org) ***FOR IMMEDIATE RELEASE*** NYC DEFENDERS CONDEMN EFFORT TO GUT PROGRESSIVE BAIL REFORMS IN EMERGENCY…
Slate: Cuomo’s Bail Reform Reversal Risks Explosive Coronavirus Spread in Jails
“The governor’s proposal also permits pretrial detention for a much wider range of offenses and allows judges to make guesses about the future “dangerousness” of a defendant (the likelihood that they will commit a new violent crime) based on the “weight of the evidence,” which flouts the presumption of innocence before a case goes to…
Latin Post: ICE Sued for Misconduct by New York Civil Rights Activists
The United States Immigration and Customs Enforcement (ICE) is going to undergo legal proceedings for the improper processing of immigrants. The migrants were supposed to stay idle and wait for their court hearings without being locked up, but ICE did otherwise. ICE is facing a lawsuit that was filed by the New York Civil Liberties Union (NYCLU)…
Slate: How Automation Bias Encourages the Use of Flawed Algorithms
From 2013 to June 2017, the U.S. Immigration and Customs Enforcement’s New York Field Office determined that about 47 percent of detainees designated as “low risk” should be released while they waited for their immigration cases to be resolved, according to FOIA data obtained by the New York Civil Liberties Union. But something changed in the…
Bronx Justice News: ICE Has Secret “No-Release” Policy for Detainees in NYC, Suit Claims
The NYCLU and Bronx Defenders sued the federal government this week, claiming ICE is unlawfully keeping thousands of New Yorkers jailed for non-criminal immigration offenses. Nearly everyone ICE apprehended over the last three years remains in lockup, the lawsuit alleges, despite a federal law mandating individualized custody determinations be made by ICE officials within 48 hours…
The Washington Post: A lawsuit against ICE reveals the danger of government-by-algorithm
It is the job of the U.S. Immigration and Customs Enforcement to determine — case by case — whether people arrested for immigration offenses ought to be detained, released on bond or just trusted to show up in court. For years, ICE has used an algorithm to help make this decision, one that weighs factors…
Politico: NYPD, de Blasio blame bail reform for crime spike as defenders question police stats
Mayor Bill de Blasio and the NYPD reported a major spike in crime for the second straight month and doubled down on blaming the jump on bail reform — even as public defenders charged police may be manipulating the stats to push their agenda. Major crime jumped by 22.5 percent in February compared with the…
Legal Reader: Lawsuit Says ICE Rigged its Own Software So That It’d Never Have to Release Immigrants
The New York Civil Liberties Union has filed a lawsuit against U.S. Immigration and Customs Enforcement, claiming ICE rigged its software to migrants behind bars longer than ordinarily allowed. The class action, filed by the NYCLU alongside Bronx Defenders, centers on ICE’s Risk Classification Assessment system. The RCA software, writes Gizmodo, uses algorithms to determine…
Daily Mail: New York ICE officials accused of rigging algorithms to illegally detain immigrants in detention centers
Immigration and Customs Enforcement (ICE) began using an algorithm in 2013 that recommends or denies the release of those arrested for immigration violations –and a new lawsuit claims the technology is rigged. Filed by the New York Civil Liberties Union (NYCLU) and Bronx Defenders, the allegations say ICE officials in New York City tampered with the software to eliminate the…
New York Post: NYC’s public defenders claim NYPD may be faking spike in crime
A decrease in the number of criminal cases city prosecutors are pursuing suggests that the crime spike recently reported by the NYPD could be a ruse to incite fear over criminal justice reforms, a coalition of public defenders said Tuesday. “Since the NYPD controls how, when, and where they arrest people and what they charge an arrested…
Sophia Gurulé Presented City Council Testimony re: Oversight – ICE’s Escalated Attacks on NYC Policies Protecting Immigrants
New York City Council Committee on Immigration and Committee on Hospitals Hearing re: Oversight – ICE’s Escalated Attacks on NYC Policies Protecting Immigrants February 28, 2020 Written Testimony of The Bronx Defenders By Sophia Gurulé, Policy Counsel, Immigration Practice Good afternoon Chairs Rivera and Menchaca, my name is Sophia Elena Gurulé and I am Policy…
The Intercept: The Backlash
Justine Olderman, of the Bronx Defenders, agreed. “One of the strongest lessons we’ve learned so far is just the fact of the backlash,” she said. “The drive to detain is so powerful, the drive to detain and punish mostly black and brown people from low-income communities is so strict, that it doesn’t matter how careful…
Fox 40: Fact Check: Bloomberg leaves out key parts of his history on stop and frisk policy
Jenn Rolnick Borchetta, another opponent of stop and frisk, said that internal police shifts were not convincing evidence Bloomberg had truly had an epiphany, especially given that he kept fighting Scheindlin’s ruling and impeding efforts at policy reform. (Some of Bloomberg’s criticism of Scheindlin was validated by an appeals court that removed her from the case,…
Oneida Daily Dispatch: Capitol Watch: Fate of pot sales in New York is unclear
Eli Northrup, policy counsel to the criminal defense practice at Bronx Defenders, said marijuana convictions are keeping people from getting jobs, putting immigrants at risk of deportation and complicating child custody matters. “What people don’t feel is the urgency with this,” Northrup said. “White people, people in power, they don’t feel the effects of the…
The Post-Journal: Bail Reform Debate Deepens Among State Democrats
A group of New York criminal defense organizations, including The Bronx Defenders, criticized the proposal and said it assumes that judges and prosecutors can predict a person’s behavior. “This will result in injustice for everyone in New York and will certainly end up exacerbating racially disparate outcomes,” they said in a statement. State Assembly Speaker Carl…
Press Release: The Bronx Defenders Condemns Right Wing Fear-Mongering Against Immigrants on New Way Forward Legislation
CONTACT Ryan Karerat, The Bronx Defenders, (347) 842-1251, rkarerat@bronxdefenders.org FOR IMMEDIATE RELEASE February 7, 2019 NEW YORK- The Bronx Defenders today condemned smears from FOX News host Tucker Carlson and President Donald Trump in their efforts to demean immigrants and advocate against the the passage of the critical federal immigration reform bill, H.R. 5383 –…
Gothamist: Murder of Nassau County Man Not Caused By Recent Discovery Reforms, Contrary To Official Statements
The Legal Aid Society of Nassau County, the Legal Aid Society of New York, Brooklyn Defender Services, the Bronx Defenders, the New York State Association of Criminal Defense Lawyers, Innocence Project & Citizen Action of New York issued a joint statement Wednesday that read: “The tragic death of Mr. Maldonado (Rodriguez) is, unequivocally, not the…
New York Post: State Democrats rip Nassau officials for ‘blatantly lying’ about MS-13 witness death
A joint statement from Innocence Project, The Legal Aid Society, Brooklyn Defender Services, the Bronx Defenders, the New York State Association of Criminal Defense Lawyers and Citizen Action of New York called the incident an “extremely disturbing” move to exploit Rodriguez’s murder. “These statements by law enforcement are again another attempt to use lies and…
CBS: Nassau’s Top Cop Says New Law May Have Led To Victim’s Deadly Beating At Hands Of MS-13
“The tragic death of Mr. Maldonado is, unequivocally, not the result of the new discovery laws. It is extremely disturbing that law enforcement officials are exploiting this murder to try to discredit the discovery laws, which after decades of wrongful convictions have finally been amended to match those of the rest of the country. Under…
Politico: Bail reformers take heat — Bloomberg to double ad spending — Cuomo names Medicaid panel
There are, defense attorneys say, plenty of cases to illustrate the opposite point: folks who have gone home instead of languishing in jail for want of a few hundred bucks, showed up for court, kept their jobs, and gone on with their lives. And yet, nobody with such a story has come forward to share it….
Politico: Bail reformers face public relations hurdle
“We know that people who have open cases are always hesitant to share stories with the press for fear that notoriety or attention to their case will somehow prejudice them in their case,” said Scott Levy, chief policy counsel at the Bronx Defenders. “And now those fears are heightened because we see that people who…
Politico: Year begins with crime spike in NYC amid statewide bail debate
Eli Northrup of the Bronx Defenders, one of a small group of advocates who held signs supporting bail reform outside the mayor’s press conference, called it “kind of ridiculous” to argue “that a month of cherry-picked [stats] justifies a rollback of this needed reform.” “The mayor for some reason and the police commissioner seem hell-bent…
Olivia Scheck Presented Testimony at City Council re: The Technology Gap Between Public Defenders and DAs
New York City Council Committee on Justice System Hearing re: The Technology Gap Between Public Defenders and DAs January 29, 2020 Written Testimony of The Bronx Defenders By Olivia Scheck, Forensic Practice Group, Criminal Defense Practice Chairman Lanceman, my name is Olivia Scheck, and I am an attorney in the Criminal Defense Practice of The…
NYU News: Arguments Against New York’s Cash Bail Reforms Are Dated
“But bail has little effect on the likelihood of defendants returning to court. After the Bronx Defenders bailed out 150 people, 95% of their clients attended every court appearance, and almost 50% of the cases were dismissed entirely. The high return rate fundamentally undermines the supposed purpose of bail — incentivizing defendants to show up to their…
The Riverdale Press: Advocates herald cash bail reform as a good first step
Bail, initially, was a way to ensure those accused of crimes would show up for their day in court. Over time, it has become a way to keep people contained while they wait for their trial date. “Bail is a mechanism for release,” said Scott Levy, chief policy counsel at the Bronx Defenders. “It’s not…