The Bronx Ink – Bronx District Attorney Curbs Stop-and-Frisk Abuses
The Bronx District Attorney’s office became the first in the city to openly question the validity of some stop-and-frisk arrests, by requiring police officers to verify each one in person before charges are rendered. In the past, arresting police officers had to fill out a sworn statement and routine paperwork. Now, officers will now also…
New York Times: Video of Police Encounter May Play Lead Role in Lawsuit
The man, Luis Solivan, 19, was later charged with assaulting an officer, but his case was dismissed after a grand jury watched the video, which an acquaintance shot through an apartment window in the Bronx, his lawyers say. Now, that same footage may emerge as crucial evidence in a civil rights lawsuit that Mr. Solivan’s…
City Limits: Bail Fund Aims to Free Poor Defendants
The Bronx Defenders, through its affiliate the Bronx Freedom Fund, bailed hundreds of people between 2007 and 2009. According to Robin Steinberg, executive director of The Bronx Defenders, “During the 18 months that the Bronx Freedom Fund operated, 150 clients were bailed out and the return rate of our clients was an impressive 95 percent….
News 12 Bronx: Criminal justice groups hold first BX town hall
THE BRONX – Several criminal justice groups came together Monday night for their first Bronx town hall meeting at Hostos Community College. Organizers, including the Bronx Defenders and the Justice Committee, claim that police have taken advantage of many people during practices such as stop-and-frisk. They say the meeting aimed to teach local residents about…
Reuters Legal: ABA urges criminal defense lawyers to embrace holistic approach
ALBANY, N.Y., Aug 7 (Reuters) – The American Bar Association is calling on criminal defense attorneys to take a holistic approach to representing clients in order to reduce recidivism. The group’s House of Delegates on Monday approved a resolution that “urges” defense lawyers and defender groups to address clients’ “inter-related” criminal, civil and non-legal problems….
WNYC The Brian Lehrer Show: Charities Posting Bail & Robin Steinberg discusses the Bronx freedom fund
Robin G. Steinberg, executive director of The Bronx Defenders, discusses the Bronx Freedom Fund, a program that helps Bronx residents pay bail and avoid time in jail when they can’t afford it, and the new New York State law that allows charities to do this. More here: http://www.wnyc.org/shows/bl/2012/aug/01/charities-posting-bail/
WNYC News: Charities to Play Bail Bondsman Role
Charities will soon be allowed to post bail for the poor and indigent. A new law recently signed by Gov. Andrew Cuomo allows charities to be authorized and regulated by the Department of Financial Services, the same state agency that oversees bail bondsman. Only those charged with non-violent misdemeanors with bails set at $2,000 or…
New York Law Journal: Guardian Ordered to Assist Tenant in Termination Hearing
The decision annuls a New York City Housing Authority hearing officer’s refusal to set aside a determination terminating the tenancy of a woman with mental problems, and remands the case for a new hearing. – The tenant was represented by Anna Arkin-Gallagher of the Bronx Defenders. “We are happy the court agreed that NYCHA has…
New York Daily News: New version of charitable bond bill headed to Cuomo’s desk could free thousands of poor Bronx defendants
Legislation passed by state lawmakers last week with approval from Gov. Cuomo could free thousands of jailed Bronxites. Sponsored by state Sen. Gustavo Rivera (D-Bronx), the new law will allow charitable organizations statewide to post bail – up to $2,000 – for poor defendants held on misdemeanor charges. The Cuomo-vetted bill is an amended version…
The Guardian: New York mayor and NYPD back marijuana decriminalisation proposal
New York City mayor Michael Bloomberg and NYPD commissioner Ray Kelly have backed legislation proposed by governor Andrew Cuomo that would reduce the penalty for possessing small amounts of marijuana in public view from a crime to a misdemeanor. Cuomo’s proposal is an attempt to reduce the number of people exposed to a criminal charge…
The Atlantic: In New York, a 20-Year-Old Policy Suddenly Prompts a Lawsuit
In late March, three civil rights groups filed a class action lawsuit against the New York City police department, alleging that a little-known crime-fighting program violated the constitutional rights of tens of thousands of New Yorkers. The program, called Operation Clean Halls, permits police to conduct vertical patrols inside and around private residences, seeking out…
The Village Voice: Bail is Busted: How Jail Really Works
Lauren DiGioia’s face was stony and impassive beneath bright blue hair as she was brought into a courtroom in handcuffs on March 18. At 2:30 the previous afternoon, DiGioia, 27, had become the first person arrested by the New York City Police Department during Occupy Wall Street’s six-month anniversary at Zuccotti Park. DiGioia was taken…
New York Daily News: New study by Bronx public defenders claims NYPD cops made hundreds of unlawful marijuana arrests
Bronx Defenders says 41% of those arrested for pot had their rights violated. In New York, possession of a small amount of marijuana is only a misdemeanor when the pot is displayed in public. When the substance is concealed, it becomes a violation punishable by a fine – even when an officer pulls the pot…
The New York Times: Stop and Frisk, Continued
On our ‘Clean Halls’ class action lawsuit with co-counsel NYCLU and LatinoJustice PRLDEF – The Bloomberg administration and its police commissioner, Raymond Kelly, have been disturbingly dismissive of complaints about the city’s program of stops, frisks and arrests that is ensnaring hundreds of thousands of New Yorkers each year. Civil rights lawsuits may now force…
The New York Times: Examining Marijuana Arrests
The New York State Legislature showed good sense when it exempted people convicted of low-level marijuana possession from having to submit DNA to the state database, unless they have been convicted of a previous crime. Still, the state must do more to curb the arrests of tens of thousands of people each year in New…
New York Law Journal: Class Action Seeks to Halt NYPD’s ‘Clean Halls’ Program
A number of New York City residents have filed a federal class action lawsuit challenging “Operation Clean Halls,” a program permitting the police, with the consent of landlords, to patrol thousands of private apartment buildings and stop people accused of trespassing and other illegal activity. “NYPD officers routinely detain residents of Clean Halls buildings and…
The Guardian: New York police officers defy order to cut marijuana arrests
Police officers in New York are “manufacturing” criminal offenses by forcing people with small amounts of marijuana to reveal their drugs, according to a survey by public defenders. Nearly half of New Yorkers picked up for small amounts of marijuana possession in recent months were not displaying the drug before they were stopped, the study…
WNYC: Data Shows Percentage of Wrongful Marijuana Arrests Rose After Kelly’s Order: Bronx Public Defenders
Data Shows Percentage of Wrongful Marijuana Arrests Rose After Kelly’s Order: Bronx Public Defenders WNYC By Ailsa Chang March 29, 2012 Public defenders in the Bronx said more than 40 percent of the marijuana arrests they investigated in their borough between May and October 2011 show violations of constitutional rights and problems with…
The Village Voice: NYPD Clean Halls Program Faces Legal Challenge
Later this morning, civil liberties advocates will announce a new challenge to the controversial NYPD program of patrolling the hallways of thousands of privately-owned buildings. Private owners enroll in the program, known as Operation Clean Halls, which has swelled in Manhattan alone to at least 3,895 buildings. The program envisioned as a way for police…
NY1: Lawsuit Claims NYPD “Clean Halls” Program Violates Civil Rights
Civil rights advocacy groups filed a lawsuit Wednesday against the New York City Police Department over a controversial program that allows officers to patrol private apartment buildings. The suit, submitted by the New York Civil Liberties Union, Latino Justice Puerto Rican Legal Defense and Education Fund, as well as lawyers with the Bronx Defenders, allege…
WNYC: NYPD Conducts Suspicionless Stops in Private Buildings: Suit
A federal class action was filed against New York City and Police Commissioner Ray Kelly on Wednesday for what plaintiffs allege are suspicionless stops within private residential buildings. Under the NYPD’s enforcement of a program known as Operation Clean Halls, a landlord enters into an agreement with the NYPD, which grants officers permission to patrol…
Reuters: NYS law requires two forms of bail for defendants: Court of Appeals
Trial judges in New York are required by state law to set at least two forms of bail for criminal defendants, the state’s top court ruled Thursday. In a unanimous decision, the Court of Appeals held that a trial judge erred when he set $20,000 “cash-only” bail for Shaun McManus, and dismissed his petition to…
WNYC The Brian Lehrer Show: Loitering Settlement
McGregor Smyth, managing attorney in the civil action practice at Bronx Defenders, discusses the recent class action suit around improper loitering violations. Listen here.
Reuters: U.S. judge limits stop and frisk searches in New York’s Bronx
A federal judge on Tuesday ordered the New York Police Department to immediately stop conducting trespass stops outside certain residential buildings in the borough of the Bronx without “reasonable suspicion” that an individual is engaged in criminal activity. U.S. District Judge Shira Scheindlin issued her ruling in the narrowest of three main lawsuits challenging New…
Amsterdam News: Hands Off: Black community responds to U.S. District Court ruling of NYPD’s “Clean Halls” as unconstitutional
Could this be the first step to eliminating “stop and frisk?” On Tuesday morning, a U.S. District Court for the Southern District of New York Judge ruled that the New York Police Department’s “Clean Halls Program” violated the constitutional rights of New York City residents. According to Judge Shira A. Scheindlin, for years the NYPD…