The distinguished judge, author and columnist John H. Wilson (ret.) critiques the growing crisis caused by failed bail reform policies in this special two-part series
Since January 1st, New York State has been the subject of a social justice experiment called bail reform. In short, without hearings or public comment, the New York Legislature instituted the “Bail Elimination Act of 2019” which is intended “to end the use of monetary bail, reduce unnecessary pretrial incarceration and improve equity and fairness in the criminal justice system.”
Instead, this new law has brought an increase in crime of almost 17 percent in the first 34 days of 2020 – including violent crime categories, such as robberies and shootings. In fact, shootings, burglaries and assaults have increased by 28.8 percent, and transit crimes are up by 30 percent. Auto theft is up by a stunning 72.5 percent.
In a rare statement, the Presiding Judge for Bronx Criminal Court, George Grasso, stated that without significant changes, the current legislation will not only be a missed opportunity for long-overdue criminal justice reform, but also a significant threat to public safety…we already are seeing serious spikes in violent crime throughout New York City in 2020.”
Even Mayor DeBlasio admits that bail reform has caused a spike in crime. “It sort of stands out like a sore thumb that this (bail reform) is the single biggest new thing in the equation and we saw an extraordinary jump (in crime).”
Despite the evidence that the new law is a dangerous failure, the horror stories continue to pour in since we last wrote about this topic at the end of last year. By the end of January, a drug ring of six people was arrested in the Bronx in possession of 750,000 envelopes of heroin and fentanyl, worth in excess of seven million dollars. All were released without bail, despite having been caught in the act of packing the drugs in envelopes marked “Fire.” According to the New York Post, “supporters in court early Wednesday waved their hands in celebration as the six suspects walked out.”
Also, at the end of January, the suspect in a fatal DUI, with a record of three prior DUI’s and a pending parole violation charge, was released without bail. At the time of his arrest, Jordan Randolph actually told the police “The laws changed, I’ll be out tomorrow.” In Mr. Randolph’s case, his freedom was short lived. After the mother of the victim publicly complained, the defendant was incarcerated for his parole violation.
Regardless of the mounting evidence, members of New York’s legislative bodies refused to recognize the truth. When NYC Police Commissioner Dermot Shea complained about the spike in crime caused by the new bai law, two members of the City Council wrote to tell him that “the public and policymakers are ill-served by false narratives that inhibit legitimate conversations about improving the bail reform law.”
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But there are those who are fighting against the rising tide of criminal activity. In Nassau County, Judge David McAndrews took a brave stand and refused to apply the new bail law to the case of a bank robber named Romell Nellis. Calling the defendant a “menace to society,” the judge set a $10,000 cash bail on the defendant, saying he didn’t want him “walking around the judge’s neighborhood.”
Unfortunately, this brave stand was brief in duration, as a superior court judge released Nellis with an ankle monitor – which he promptly cut off, and absconded. At last report, Nellis is still at large, free to rob more banks.
The Special Report concludes tomorrow.
Illustration: Pixabay