“Of course, the need for “justice” does not apply to only one segment of our society; justice is needed by those who are victims of crime, just as it is needed by those charged with crimes and every other member of our greater community throughout New York state.”
Westchester County District Attorney Susan Cacace
Too Many Domestic Violence Cases Tossed Out on Technicality
Westchester District Attorney Susan Cacace, and former DA Mimi Rocah, have come out in support of the efforts of Governor Kathy Hochul to make changes to the criminal reforms passed in NY in 2019. Specifically, changes to the discovery portion of the law which has resulted in many serious criminal cases being thrown out on a technicality.
Cacace wrote an Op-Ed in the Journal News which included, “I was pleased to accept the invitation of Gov. Kathy Hochul to participate in a recent roundtable discussion she hosted in Albany to discuss the unfortunate consequences of the sweeping discovery reforms enacted in 2019, and to lend support for her latest proposal for making desperately needed changes that will bring justice to all New Yorkers. Of course, the need for “justice” does not apply to only one segment of our society; justice is needed by those who are victims of crime, just as it is needed by those charged with crimes and every other member of our greater community throughout New York state.”
“I understood that the discovery reforms of 2019 were designed to enhance the ideals of justice, but I now also recognize where those reforms missed the mark and undercut those ideals. Indeed, it has been the women and children — those most often victimized by domestic violence and sexual assault — who have suffered most profoundly under these so-called reforms, leading to the dismissal of 49% of cases outside of New York City involving domestic violence in 2023, as one telling example shared by the governor during her roundtable,” writes Cacace.
Former Westchester DA Rocah wrote in the Daily News, “I understand the importance of a fair system of justice and public service accountability which is why I believe the 2019 discovery reforms were essential — but I also know that slight modifications are necessary to ensure that the intended reforms do not continue to inadvertently further harm victims.
“I join my former DA colleagues across the state — in addition to victim advocate groups, clergy leaders, and many members of the state’s federal delegation — in strongly supporting the proposed changes to those laws.
“I urge the Legislature: do not continue to stand in the way of these essential changes,” writes Rocah.
Governor Hochul has been the most vocal about making changes to the discovery laws so that dometic violence caces and sexual assault charges are not dismissed because a prosecutor was unable to get every shred of evidence to defense attorneys in time.
“I have been clear since day one: I won’t stop fighting to pass a State Budget that prioritizes affordability and key public safety measures. We cannot allow loopholes in our discovery laws to harm the progress we have made in combatting crime.
“Victims of crime and our partners in law enforcement see too many victims being denied justice and too many perpetrators reoffending thanks to loopholes in our laws. I made a promise to New Yorkers that their family would be my fight — that means standing strong to pass a State Budget that makes New York safer and more affordable for all.”
