At least he gives credit where credit is due.


https://www.foxnews.com/us/new...mocrats-139th-arrest

quote:

From the linked Fox News Article:

Legal Aid Society, which represents Barry . . . said in a statement. “Locking up Mr. Barry on unaffordable bail or worse, remanding without bail, ultimately does nothing to protect the public

Maybe the Legal Aid Society does not realize that while Mr. Barry is locked up, he will be unable to prey on the public.

This guy just needs to run into the right guy. I can’t wait until he’s found in a lifeless heap by the transit police.

Brooklyn judge uses forgotten state law to bypass bail reform

https://nypost.com/2020/02/16/...-bypass-bail-reform/

A Brooklyn judge believes he found a loophole for the state’s controversial new bail reform law — and used it to send a serial burglar to jail.

In a ruling published this week, Brooklyn Supreme Court Justice John Hecht tapped a little-used 40-year-old statute that lets judges keep some persistent felony offenders behind bars for up to 90 days to order prolific burglar Casey Knight locked up at the Otis Bantum Correctional Center in East Elmhurst.

Knight, 51, who has seven prior convictions, had another burglary charge pending when he was released in December thanks to the bail reforms — but was busted for allegedly pulling off three more heists last month.

Burglary in the second degree is one of the felonies that are no longer eligible for bail thanks to the new laws, but Hecht in his ruling argued that the 1981 law was not changed when state lawmakers made their reforms, and should therefore still apply in this case.

“The exclusion of burglary in the second degree simply isn’t there,” Hecht said of the older law.

“Accordingly, based on all these factors, the court concluded that the least restrictive condition to reasonably assure his return was remand for a period of ninety days.”

A spokesman for the Legal Aid Society, which represents Knight, said the office is still reviewing Hecht’s ruling “to determine next steps.”

The unorthodox legal maneuver divided opinion among legal experts.

Bennett Gershman, a former Manhattan prosecutor and now a professor at Pace University School of Law said the Brooklyn judge did the “right thing.”

“The judge rescued a very bad situation using this statute,” said Gershman, who added that state legislators overreached on the reform measure, exposing the system to “embarrassing” lapses.

But Jocelyn Simonson, a former public defender who teaches at Brooklyn Law School, said lawmakers clearly hadn’t intended to leave the old law on the books — and suggested the judge was using the case to air his own grievances with the new bail reforms.

“This is not a result that should be happening,” Simonson said. “He’s going out of his way to make a ruling that he didn’t have to make.”

Knight was busted in November 2018 for allegedly breaking into a Bedford-Stuyvesant building by busting through a windowpane on the front door and stealing more than $3,000 worth of jewelry.

A judge at the time set bail on Knight but he didn’t pay it, according to court documents.

He was behind bars for more than a year, until Brooklyn Supreme Court Justice Barry Warhit released him without bail on Dec. 3 in anticipation of the coming bail reforms, which technically went into effect Jan. 1.

Once free, prosecutors allege Knight then looted three more Bed-Stuy homes in the span of two weeks, making off with music equipment, electronics, Playstation games and two pairs of shoes.

He was arrested Feb. 1 and brought before Hecht five days later.

Hecht is just the latest New York judge to try to find a way around the bail reform measures.

Last month, Nassau County District Judge David McAndrews ordered accused serial bank robber Romell Nellis held on $10,000 cash bond — even though the charge was not bail-eligible under the new law.

Another Nassau judge was later forced to release Nellis without bail — only to have the alleged thief hack off his court-ordered monitoring ankle bracelet and hit up two more banks, police said.

Earlier this month, Bronx Criminal Court Supervising Judge George Grasso called the bail reform measures “a significant threat to public safety.”

quote:

But Jocelyn Simonson, a former public defender who teaches at Brooklyn Law School, said lawmakers clearly hadn’t intended to leave the old law on the books — and suggested the judge was using the case to air his own grievances with the new bail reforms.

“This is not a result that should be happening,” Simonson said. “He’s going out of his way to make a ruling that he didn’t have to make.”(Emphasis added)

How sad that a law professor is passing along such views to aspiring lawyers. I'm glad the judge is using whatever legal means he has at his disposal to attempt to inconvenience serial felons as much as is possible.

Just comical actually, watching the the filth (i.e. NYC politicians and lawyers) inviting and encouraging the worst among us to pray on the innocent while protecting them from any/all repercussions. 'This' is how civilizations die.

Don't worry, the state has the important issues well at hand, they're banning plastic shopping bags, so that should help.

Are there any limits to the use of contempt of court? Could a judge fix this nonsense by holding repeat offenders in contempt?

I feel for the people who don't support the nut cases in charge. The others have themselves to blame and will reap what they sow.

quote:

Originally posted by gearhounds:
This guy just needs to run into the right guy. I can’t wait until he’s found in a lifeless heap by the transit police.

Only way he could run into the right guy would be another crook!