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In this @GwynneFitz @Gothamist @WNYC scoop:
NYC-local prosecutors, who made misleading public promises to dismiss certain charges arising from the recent George Floyd protests, are in fact dismissing only a small fraction of the cases w/those charges https://gothamist.com/news/1300-protesters-still-face-fines-and-jail-time-violating-de-blasios-curfew
NYC-local prosecutors, who made misleading public promises to dismiss certain charges arising from the recent George Floyd protests, are in fact dismissing only a small fraction of the cases w/those charges https://gothamist.com/news/1300-protesters-still-face-fines-and-jail-time-violating-de-blasios-curfew
This news comes in the wake of a July 7, 2020 joint letter from @NLGNYCnews @LegalAidNYC @NeighborhoodDef @BronxDefenders @BklynDefender and @nyc_defenders to ALL NYC-local prosecutors demanding they dismiss ALL criminal cases from the recent social distancing and protest arrests
You can download the full letter as a .PDF below.
https://legalaidnyc.org/wp-content/uploads/2020/07/Defender-Letter-to-DAs-re_-Protest-Cases-2.pdf
https://legalaidnyc.org/wp-content/uploads/2020/07/Defender-Letter-to-DAs-re_-Protest-Cases-2.pdf
As reported below, of around 2,500 arrests between 5/8-6/6/20, including around 1,300 arrests for alleged violations of @NYCMayor's curfew charged by summons + around 1,200 arrests for other mostly minor, "non-violent offenses" https://gothamist.com/news/nypds-historic-mass-arrest-campaign-during-george-floyd-protests-was-mostly-low-level-offenses
Only 39 arrests of the 2,500 or so total were for "violent" offenses.
On June 5, 2020, local prosecutors began publicly touting decisions to dismiss or decline to prosecute certain charges.
Yet, as of 6/25/20, the Manhattan DA's Office had dismissed only 169 cases.
On June 5, 2020, local prosecutors began publicly touting decisions to dismiss or decline to prosecute certain charges.
Yet, as of 6/25/20, the Manhattan DA's Office had dismissed only 169 cases.
Among other things, those of us charged with providing legal representation to the arrestees became concerned that, notwithstanding their public promises, the local prosecutors were not including cases charged by NYPD-issued summonses in the sweep of their promised actions
To be clear:
These local prosecutors have the ultimate authority over cases prosecuted by way of summons, but they have long-standing policies, which they can alter at any time at their discretion, of not taking a position in cases prosecuted by way of summons.
These local prosecutors have the ultimate authority over cases prosecuted by way of summons, but they have long-standing policies, which they can alter at any time at their discretion, of not taking a position in cases prosecuted by way of summons.
In other words, these prosecutors could determine to dismiss, decline to prosecute, or otherwise end all of the summons cases at any time.
Although several local prosecutors promised to dismiss cases involving certain charges, they are just not doing so in summons cases.
Although several local prosecutors promised to dismiss cases involving certain charges, they are just not doing so in summons cases.
As reported today: "To date, as few as 227 cases have been dropped or will be dropped this week, about 10 percent of all the arrests: two in Queens, 10 in Brooklyn, and 225 in Manhattan. The Bronx DA's office declined to clarify how many cases it had declined to prosecute so far"
Even as to the non-summons cases, these prosecutors' offices have not been transparent about which DAT/arraigned cases they are actually dismissing or declining to prosecute, or when and how they intend to communicate with us or our clients regarding those dismissals.
We are calling on the local prosecutors to dismiss all charges arising from the protests *and* all charges resulting from the NYPD's recent social distancing enforcement. As @jwo84 of @LegalAidNYC said: "Given their public statements, they should grant amnesty and dismiss them"
For those who want to act in support of our call, here are some officials with varying authority over the charges:
Direct:
@ManhattanDA
@BrooklynDA
@BronxDAClark
@QueensDAKatz
Other:
@NYCMayor @NYCMayorsOffice
@NYPDnews
@JumaaneWilliams @nycpa
@NYCSpeakerCoJo @NYCCouncil
Direct:
@ManhattanDA
@BrooklynDA
@BronxDAClark
@QueensDAKatz
Other:
@NYCMayor @NYCMayorsOffice
@NYPDnews
@JumaaneWilliams @nycpa
@NYCSpeakerCoJo @NYCCouncil
I'm so sorry that I neglected to credit @sydneyp1234 along with @GwynneFitz in my initial post about this piece. It was am mistake. I apologize for not giving all the credit where it was due. https://gothamist.com/news/1300-protesters-still-face-fines-and-jail-time-violating-de-blasios-curfew
It's not right to let @ManhattanDA @BrooklynDA @BronxDAClark @QueensDAKatz say they will dismiss charges and then refuse to follow through.
What will @NYCMayor @NYCMayorsOffice @JumaaneWilliams @nycpa @NYCSpeakerCoJo @NYCCouncil - or anyone else - do to hold them accountable?
What will @NYCMayor @NYCMayorsOffice @JumaaneWilliams @nycpa @NYCSpeakerCoJo @NYCCouncil - or anyone else - do to hold them accountable?
