Jewish Groups Say Hate Crimes Not a Reason to Change Law
By Dan Murphy
Last week, a number of Westchester residents, Jewish families and grassroots groups conducted a “pop-in” to Senate Majority Leader Andrea Stewart-Cousins Yonkers office, asking her not to make any changes to the bail reform package, which went into effect Jan. 1.
After speaking with members of Stewart-Cousins’ staff, a letter was presented, which reads:
“Dear Senate Majority Leader Stewart-Cousins, we are grassroots, advocacy, service and faith organizations in Westchester. Together, we represent nearly 20,000 residents of our county. We write in support of the new bail reform law and to urge you to stand strong in the face of a political campaign of fearmongering which seeks to roll back the new bail reform law.
“On April 1, 2019, New York State passed historic pretrial legislation, overhauling our deeply unjust bail, discovery, and speedy trial systems. Westchester residents and New Yorkers across the state demanded and celebrated this legislation to end mass pretrial incarceration and the criminalization of black and brown communities.
“In Westchester County in 2018, over 1,000 people languished in jail each night. Over 65 percent were pretrial – they had not been convicted but were behind bars because they could not afford bail. This system violated the presumption of innocence, criminalized low-income people, and led to the coercion of plea deals. It also wreaked havoc on the lives of tens of thousands of people. Because of the new bail reform law, our neighbors and loved ones are able to return to their jobs, their children and their families rather than languishing in jail pretrial.
“However, no sooner did this legislation pass then we saw prosecutors and other elected officials orchestrating a coordinated campaign to undermine the new law. These efforts have given cover to white supremacists and other political extremists who are unabashedly interested in jailing black and brown communities. Those who wish to undermine the new law have used the media to spread fear and misinformation, which we are grateful for Assembly Speaker Carl Heastie calling out.
“Fundamentally, what keeps us safe are community-based resources, housing, jobs, and mental health care. Although opponents of bail reform claim to care about safety, pretrial detention actually makes our communities less safe by destabilizing families and individuals and exacerbating root drivers of harm, including poverty and untreated mental health needs.
“We call on you to support the new bail reform law – as is – and focus this legislative session on meeting the basic needs of all New Yorkers for housing, education, and health care.” (End of letter.)
The letter was signed by CD17 Indivisible, Indivisible Westchester, Irvington Activists, Jews for Racial and Economic Justice, LIFE Progressive Services Group, Inc., New York Civil Liberties Union-Hudson Valley, SURJ Westchester, WESPAC Foundation, Westchester Coalition for Police Reform, Westchester for Change and VOCAL-NY.
Leading Jewish organizations and synagogues, including Jews for Racial and Economic Justice, Bend the Arc: Jewish Action, Avodah, Kolot Chayeinu, T’ruah: The Rabbinic Call for Human Rights, The Worker’s Circle, and Congregation Beth Elohim released the following statement in support of bail reform as is:
“Jewish organizations and congregations in New York are proud to have helped pass historic bail reform legislation that went into effect Jan. 1, 2020. As Jews, we are called to support bail reform because our values tell us that we must not accept a justice system that criminalizes poverty or that perpetuates racial injustice.
“We are dismayed that some elected and law enforcement officials are responding to the tragedies taking place in Jewish communities with an attempt to roll back bail reform. Bail reform represents real progress in making our criminal justice system fairer. The many violent incidents targeting Jews in 2019 and bail reform are not related, as bail reform only went into effect a week ago. We need real solutions to the danger facing the Jewish people, not regressive political moves that will needlessly hurt thousands of New Yorkers. We call on New York’s elected leaders to fully implement the new laws and work to ensure equal justice for all.
“Jewish people will keep fighting for the safety of all New Yorkers – and we know that the path to safety requires affordable housing, economic and educational opportunities, quality health and mental health care, and increased solidarity between communities experiencing harm, not money bail or needless pretrial detention.” (End of statement.)
Other comments calling for Bail Reform to remain as is, include:
“All of us are committed to combating antisemitism and to keeping our communities safe,” said Audrey Sasson, executive director of Jews For Racial & Economic Justice. “Money bail and pretrial detention accomplish neither of these goals. We stand strong behind the new bail reform law, and we stand behind our elected officials who do, too,”
“The new bail reform law will create more fairness, more justice, and more safety for Jewish communities and all New Yorkers,” added Howard Horowitz, a longtime resident of New Rochelle and member of Temple Israel of New Rochelle. “Our Westchester and Jewish communities must not allow racist fear-mongering or the weaponization of antisemitism to stand in the way of full and complete implementation of long-overdue bail reform.”
Republicans and law enforcement have loudly opposed the bail reform and asked for corrections to be made. Stewart-Cousins has proposed some changes that would allow for judges to have more discretion to consider the criminal history of a person and whether they should be released or held on bail.
While there is no legislation yet to amend bail reform in the Senate, members of the Assembly are not ready to adopt any changes and stand united behind Assembly Speaker Carl Heastie and his call to give the new bail reform more time.
Bail reform, which went into effect Jan. 1, eliminates cash bail for those accused of committing a litany of misdemeanors and felonies, including many nonviolent hate crimes. Many law enforcement groups have come out against bail reform because of the fact that it immediately releases many repeat criminal offenders, or recidivists, from jail.
District Attorney Anthony Scarpino supports bail reform.
“I don’t believe anyone should spend time in jail just because they cannot afford to pay bail,” he said. “That is why I stopped requesting bail almost two years ago on most misdemeanors and in cases in which I would not seek a jail sentence. Based on the new 2020 law, which will end cash bail and pre-trial detention in all but a short list of qualifying cases, I have directed my office to stop seeking bail immediately on cases that would not be eligible.”
The vast majority of criminal justice reform groups in Westchester have welcomed all of the criminal justice reforms. Allison Lake, executive director of Westchester Children’s Association, advocated with many that New York State should provide no new funding for pre-trial implementation as a way to end mass incarceration.
“In Westchester County in 2018, over 1,000 people languished in jail each night,” she said. “Over 65 percent were pretrial – they had not been convicted but were behind bars because they could not afford bail. This system violated the presumption of innocence, criminalized low-income people, and led to the coercion of plea deals. It also wreaked havoc on the lives of tens of thousands of people each year. Imagine not being able to afford bail. It doesn’t take very long – a day, maybe a week – to lose your job or your home, not much longer to lose your health care, access to education or custody of your children.”
