County Legislators Press State on Criminal Justice Reforms

By Jade Perez

Last week members of the Westchester County Board of Legislators announced their support for bills pending in Albany that call for sweeping reforms to the state’s criminal justice system.

County legislators, joined by representatives of legal and social service agencies, community members and advocates inside the county office building in White Plains, called for the transformation of the state laws on cash bail and criminal discovery.

Board Chairman Benjamin Boykin (D-White Plains) said the legislation will ensure that people who have been charged with a crime aren’t disadvantaged because of an inability to pay bail. About 57 percent of people in the Westchester County Jail in Valhalla remain incarcerated because they can’t make bail, he said.

“We have to change that situation and we have to do it now,” Boykin said.

Legislator Lyndon Williams (D-Mount Vernon) acknowledged opponents may use scare tactics.

“In our system today, your guilt or innocence depends upon your ability to pay for your freedom or not pay for your freedom and that is not right,” Williams said. “That is not the Constitution that we are supposed to be aware of and be respectful for.”

Majority Whip MaryJane Shimsky (D-Hastings-on-Hudson) referenced the 1989 Central Park jogger case and noted how that matter and other cases can destroy individuals’ lives.

“People become homeless when they get exonerated and get out of jail because they’ve lost their apartments while they were in pretrial detention. Sometimes they lose custody of their children,” she said.

Shimsky added that many held in pretrial detention are often innocent or they have committed a crime that is far less severe than the charges leveled against them.

Clare Degnan, executive director of the Legal Aid Society of Westchester County, said New York’s outdated criminal laws fail to require a prosecutor to share information. While Degnan said some prosecutors believe that information sharing could endanger victims’ lives, she countered that a substandard discovery process is compromising due process.

“Prosecutors will say they have a constitutional obligation to provide ‘Brady material,’ that material which is exculpatory,” Degnan said. “The problem is they decide what is exculpatory and what isn’t.”

Rev. Emma Loftin-Woods was one of the community members who attended the Mar. 11 press conference and she shared a personal story detailing the difficult financial burden after a family member is arrested.

She said when her grandson was 21, he had a substance abuse problem. He had stolen a chain off of a woman’s neck to get money to support his habit. According to the state penal code, the offense was a violent charge even though there was no allegation of aggression.

“Although the person got her chain back and didn’t want to press charges, the D.A. pursued the case,” Loftin-Woods said. “My grandson’s bail was $50,000.”

Bail was reduced to a $7,500 bond, but she was still forced to use her pension and withdraw money from her retirement fund to pay the bail.

Assemblyman David Buchwald (D-White Plains) said he has previously voted in favor of improved discovery rules and bail reform. While those measures did not become law, Buchwald said his goal is to “craft legislation that promotes criminal justice and the rights of defendants, while keeping in mind the safety of the public.”

State Sen. Peter Harckham (D-Lewisboro) confirmed there are several pieces of legislation that are being discussed and are in the process of being revised with input from a variety of interests. While Harckham noted the importance of getting legislation passed, he also said it’s crucial to make sure any measure is effective.

He expects a package of bills to be debated in the near future.

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