By Dan Murphy
Earlier this year, Gov. Andrew Cuomo proposed banning the public disclosure of “mug shots” for those placed under arrest. Under his budget plan, the release of a mug shot or arrest photo would be deemed an “unwanted invasion of personal privacy.”
The argument for banning mug shots from public view is that currently, a few websites are improperly posting them and forcing the person in the mug shot to pay a ransom in order to have it removed.
“The intent of our proposal is to help curtail an unethical practice that amounts to extortion of formerly incarcerated individuals,” said Jason Conwall, a Cuomo spokesman. “Passing legislation that prohibits websites from charging fees for removing photos has been tried by 15 other states and is not working – mug shots keep popping up online.”
The change would amend the state’s Freedom of Information Law, and many news organizations are opposed to Cuomo’s proposal. Diane Kennedy, president of the New York News Publishers Association, said the change in the law could result in “allowing arrests of suspected pedophiles and rapists to remain secret. That doesn’t seem to serve the public very well,” she said.
Last November, Westchester County District Attorney Anthony Scarpino prosecuted Rivu Dey, who was sentenced to 10 years of probation for attempting to lure a child to engage in sexual activity. He must now register as a sex offender.
From Nov. 30, 2017, to Dec. 18, 2017, Dey communicated with an undercover criminal investigator of the District Attorney’s Office whom Dey seemingly believed was the stepfather of a child who was being made available for sexual activity. Dey arranged to meet the undercover officer and the child, who he was told was under the age of 15, at an agreed-upon location.
For parents and caregivers of children and young adults, the ability to identify pedophiles and those persons who must register under the state’s registry is an important part of a child’s safety.
The online news source Westchester County newswire recently informed its readers that two registered sex offenders have relocated and moved into Westchester County, one in Mohegan Lake and one in Yonkers. For parents living in these communities and near the new address of a registered sex offender, to identify this person with the use of a mug shot is imperative.
Finally, Scarpino also got succeeded in the conviction of Kenneth Brody of Verplank for sexual assault last year. The investigation revealed that Brody subjected a child victim to multiple acts of sexual conduct over the course of years, starting when the child was 7 years old and continuing until the child was 13. At the time Brody committed these crimes, he was a registered Level 2 sex offender, having been convicted previously in 1992 of first-degree sex abuse in the against another child who was 8 years old at the time. He completed his sentence on the first assault in 1998, some years before meeting the most recent victim, but his pedophilia continued.
He is now serving 74 years in prison – a life sentence for him. We publish his mug shot because we believe the people of Westchester deserve to see who was abusing children age 8 to 13. Perhaps there are other victims out there who will recognize his picture.
Publishing, broadcasting or posting mug shots with stories of people arrested for crimes ranging from shoplifting to murder has been a staple of local news coverage for decades. Some of our stories on those convicted by Scarpino, and D.A. Janet DiFiore and D.A. Jeanine xxxxx Pirro, have included the sub-headline “Shame on You,” because in some cases, the publication of a mug shot is an embarrassment to the person arrested and convicted.
“Reporting on crimes in our communities is an extremely important function of the news media and this proposal, as well-intentioned as it may be, would be a major threat to our ability to provide the public with important information that they count on us to receive,” said Jeremy Boyer, executive editor of “The Citizen” of Auburn, and president of the New York State Associated Press Association.
The New York Police Department releases information on arrests but doesn’t put out mug shots unless investigators believe they will prompt more witnesses to come forward or aid in finding a suspect, said Devora Kaye, an NYPD spokeswoman. Advocacy groups including the Fortune Society, which provides services to formerly incarcerated persons, say mug shots now live in perpetuity online.
“They never disappear and they show up in peoples’ lives in ways that are really damaging,” said JoAnne Page, Fortune Society president. “This can keep someone from getting a job; from getting housing. It can ruin people’s lives.”
While there are clearly arguments on both sides of this issue, we believe in the expression, “If you can’t do the time, don’t do the crime.” And part of doing the time includes taking a mug shot. And if that mug shot comes back to haunt you later on in life, explain yourself to your prospective employer that you have changed your life.
