Politics & Government
NY Lawmakers May Rethink Bail Reform [POLL]
As of Jan. 1, some non-violent crimes don't require the setting of bail. Should New York lawmakers look at the law again and make changes?
While bail reform officially went into effect Jan. 1 in New York, judges have been dealing with it for some time now. Faced with the prospect in 2019 of sending someone to jail who couldn't afford bail for a non-violent felony or misdemeanor when the person's next court appearance would be in 2020, judges opted to forego requiring bail frequently.
However, a manslaughter case out of Albany, coupled with recent acts of anti-Semitism, has some thinking that another look at bail reform is necessary.
Bail reform was part of the 2020 Enacted Budget for the state, which Gov. Andrew Cuomo pushed to pass. It also included speedy trial reform and discovery reform.
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On Thursday, a 52-year-old Albany man charged with second-degree manslaughter, which doesn't qualify for bail to be set, was freed pending trial, the Times Union reported.
Albany County District Attorney David Soares called the situation "the new reality."
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He told the Times Union that this is what the state's criminal justice system will be dealing with until Cuomo and legislators decide to fix it.
The particulars of the case, the charges of which prosecutors said could be upgraded to second-degree murder, involved the death of Nicole Jennings, 29, in July. Paul Barbaritano, 52, was charged at the time with manslaughter and remanded to jail, according to WRGB.
His attorney said Barbaritano and Jennings were engaged in erotic asphyxiation, and he tried to save her life when a belt placed around the woman's neck was too tight.
The Albany Police Officers Union President Gregory McGee issued a statement to the community on Facebook about the release of Barbaritano that said New York's leaders "failed to protect you."
McGee called the new bail reform laws "flawed" and "a letdown to the public and a letdown to law enforcement."
He ended his statement by saying, "I encourage everyone who is as outraged as we are about this to contact your elected officials."
Senate Majority Leader Andrea Stewart-Cousins, D-Yonkers, said a recent spate of hate crimes, for which people charged have been freed without bail, concern her.
She told CBS New York that lawmakers need to take another look at bail reform.
Stewart-Cousins said Albany will "make appropriate changes as necessary" and will work with advocates, members of law enforcement, including district attorneys, to make the law better.
Now it's your turn to weigh in. Vote in our unscientific poll and tell us what you think in the comments.
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