Hochul Says DA Should Have 'Brought Murder Charges' In Body Parts Case

BABYLON, NY —The gloves were off Thursday as Gov. Kathy Hochul and Suffolk County District Attorney Ray Tierney exchanged heated accusations over the grisly discovery of body parts in Long Island parks that has left a community reeling — and lawmakers crying out for reform after four charged in the case were released back onto the streets without bail.

The four were placed on supervised release, will have GPS monitoring, and will have to report to probation in person, in addition to surrendering their passports, officials said.

Hochol, speaking with Rosanna Scotto, on FOX 5NY, asked Hochul about Tierney's statement. On Wednesday, when the four were released, Tierney said that, due to "'bail reform' passed by the New York State Legislature in 2019,charges relating to the mutilation and disposal of murdered corpses are no longer bail-eligible, meaning my prosecutors cannot ask for bail."

Hochul responded to the question of bail reform: "Maybe the DA should have done a more thorough investigation and brought murder charges or conspiracy to commit murder, or even assault charges — because all of them are bail eligible. Okay, maybe they brought it a little early. I encourage the DA's office to go back and build your case, because if you bring any of those charges, which I think would be appropriate, that's absolutely bail eligible. Those people would not be out on the street."

Tierney fired back Thursday: "Governor Hochul is either completely clueless or being deceitful about how the criminal justice system works," he said. "Prosecutors have a duty to bring only charges that are supported by evidence. Anything else would be unethical. The Suffolk County Police homicide detectives are the best in the country, and they are working 24/7 on this case. For the governor to criticize the efforts of these detectives without knowing any of the facts in defense of a broken bail system is both baffling and indefensible. When law enforcement had enough evidence to arrest these defendants for serious felonies, they did the right thing and made those arrests. Did the governor want the police to leave them out despite having evidence that they cut up and disposed of two bodies?"

He added: "The governor’s platform on public safety is laughably inadequate and she should know enough not to comment on ongoing investigations. It would be helpful if the governor confined her comments to subjects that she knows something about."

Four people were arrested in connection with the shocking discovery of human remains in Babylon, West Islip and Bethpage this week, police said.

Suffolk County Police homicide squad detectives arrested and charged Steven Brown, 44, Jeffrey Mackey, 38, and Amanda Wallace, 40, all of 25 Railroad Ave., in Amityville, and Alexis Nieves, 33, who is without a known residence, with first-degree hindering prosecution, tampering with physical evidence and concealment of a human corpse, police said.

New human remains were found Tuesday in the ongoing investigation after body parts were found in a Babylon park last week, police said.

According to an update by Suffolk County Police homicide squad detectives, an investigation into the human remains found in Babylon on February 29 resulted in a search warrant that was executed at a Railroad Ave. address in Amityville on Monday. No human remains were located during the search, police said.

Human remains were, however, located in a wooded area across from 103 Lakeway Drive in West Babylon on Tuesday, police said. The scene was processed by the Suffolk County Police homicide squad and the Office of the Suffolk County Medical Examiner, police said.

In addition, human remains were also located at Bethpage State Park on Tuesday; the scene was processed by New York State Police and the Office of the Suffolk County Medical Examiner, police said.

The remains located in West Babylon and Bethpage are believed to belong to the same victims from the February 29 discovery, police said.

The female, 59 years old, has been identified and her name is being withheld pending notification of next of kin, police said. The male has been tentatively identified and was 53 years old at the time of his death, police said.

Their last known address was the same location in Yonkers, however, it’s unclear when they last resided there, police said.

Based on the investigation, the discovery of the remains appears to be an isolated incident with no threat to the public, police said, adding that the investigation is continuing.

Police did not immediately respond to questions about peculation circulating that the murders might have been part of a "love triangle" or could have been gang-related.

According to Suffolk County police, the human remains found at Southards Pond Park in Babylon belonged to both a woman and a adult male, including a woman's arm, leg and head, and a man's two arms, which had tattoos.

The Suffolk County Medical Examiner determined that a severed head, right arm, left leg from the knee down, and a right upper leg found by a Suffolk County Police cadaver dog at the western side of Southards Pond Park on Thursday were believed to be those of an adult woman, police said late Friday.

According to Suffolk County police, on Thursday at about 8:40 a.m., a high school student was walking to school and discovered a severed left arm on the west side of Seagal Boulevard at the eastern end of Southards Pond Park, between Park Avenue and Mason Avenue. The student called her father, who then called 911, police said.

Following an investigation by homicide squad detectives, a cadaver dog from the canine unit discovered a leg in a mound of leaves on the western side of the park near Graham Place; the same dog continued searching the east side of the park and found a right arm about 20 feet away from the original discovery of the left arm, police said. The remains found on the eastern edge of the park appeared to be male, police said.

Educators and parents worked hard all week to protect children from the gruesome discoveries unfolding close to their schools.

Since the four were released, lawmakers have been demanding action.

"This is yet another absurd result thanks to 'bail reform' and a system where the Legislature in Albany substitutes their judgment for the judgment of our judges and the litigants in court," Tierney said after the defendants were released. "We will work with the Suffolk County Police Department to resolve this investigation as soon as possible and implore our Legislature to make common sense fixes to this law."

Others joined Tierney in his call for change.

New York State Senator Dean Murray said: "Following the recent discovery of body parts in Babylon and Bethpage, police quickly arrested several individuals. However, because the charges related to the mutilation and disposal of corpses is no longer 'bail eligible,' those arrested will be released back out on the streets. In what universe is this making Long Islanders safer? This is another prime example of why the state legislature and the governor, must reverse dangerous policies . . . and get back to giving law enforcement the tools necessary to keep our communities safe."

PBA President Louis Civello added: "Does the governor truly believe you should be able to conceal a human head in a park where children can find it and walk out free? Because that's exactly what she's telling the people of this state. Instead of using this opportunity to fix New York's reckless bail reform law, the governor decided to attack law enforcement."

Suffolk County Executive Ed Romaine agreed: "The failure of Albany’s bail laws has resulted in those charged with dismembering and placing body parts in our communities to walk free without posting any bail. This is outrageous, and completely unacceptable in a civilized society, when our prosecutors are handcuffed and those charged with this heinous crime are mandated by the state to go free."

He added: "Despite the incredible work by the Suffolk County Police Department and our District Attorney Ray Tierney the failed 2019 NYS Bail Laws continue to put the public at risk. These laws must be changed immediately, and I will support the law enforcement community in any efforts to force change in Albany to make Suffolk County a safer place to live."

Added Minority Leader and Suffolk County Legislator Jason Richberg: "When an individual or a group violates the public contract of decency and order, it is important to hold them accountable for their actions. It is also important that we ensure due process is followed and that our law enforcement partners and those in the prosecutorial arm have the support, tools, and resources available to protect the public. While we wait for more information, my thoughts and prayers are with the deceased and their families."

New York State Senator Monica Martinez announced new legislation to address the "flaw" in the law that she said allowed four accused of dismemberment released without bail. The bill, if enacted, will revise New York's Criminal Procedure Law to include Section 195.02 of the penal law into the list of offenses for which judges can set bail.

That particular provision of the criminal code prohibits the concealment, dismemberment, or destruction of a human corpse to obstruct official proceedings, criminal autopsies, or law enforcement examinations during investigations.

"The desecration of a murder victim’s body is a heinous act that defiles the dignity of the deceased and poses a serious threat to public safety," Martinez said. "It is unconscionable that criminal
concealment of a human corpse is not currently a bail-eligible offense."

Added Assemblyman Ed Flood: "The four individuals in connection with the human remains that were found last week were arrested and released with an appearance ticket — thanks to New York’s bail reform law, they are not bail-eligible. Two individuals were brutally murdered and their remains were scattered across Suffolk County and the suspects are free to roam our community hours after the discovery. It is appalling that our criminal justice system lacks the humanity and morals to properly address such horrific crimes. Bail reform puts every citizen at risk, and it is time to double down on soft-on-crime policies in our state."