Tag New York

Puerile attempts by adolescents to outdo each other

A Long Island, N.Y., judge has thrown out a $6 million defamation action filed by an Oceanside teenager against four former classmates who set up a Facebook page on which they joked that the teen used heroin and contracted AIDS by having sex with animals in Africa.

Nassau County Supreme Court Justice Randy Sue Marber ruled that no reasonable person could believe that the allegedly defamatory statements were facts.

“A reasonable reader, given the overall context of the posts, simply would not believe that the Plaintiff contracted AIDS by having sex with a horse or a baboon or that she contracted AIDS from a male prostitute who also gave her crabs and syphilis, or that having contracted sexually transmitted diseases in such manner she morphed into the devil,” Justice Marber held in Finkel v. Dauber, 012414/09.

“Taken together, the statements can only be read as puerile attempts by adolescents to outdo each other.”

(via New York Law Journal)

Aggressive order maintenance policing

Adrian Schoolcraft, a suspended NYPD officer, and Deputy Inspector Steven Mauriello of Brooklyn's 81st Precinct are on opposite sides of dispute over accuracy of crime statistics.

The Village Voice has published the first piece of a new series on NYPD whistleblower Adrian Schoolcraft’s secret precinct recordings providing “an unprecedented portrait of what it’s like to work as a cop in this city:”

Schoolcraft first made headlines in February, when the Daily News reported that he was speaking out about manipulation of crime reports at the 81st. His complaints, the Daily News wrote, had sparked an investigation that had put even the precinct’s commander, Deputy Inspector Steven Mauriello, under suspicion. Those stories, however, gave no indication that Schoolcraft was also in possession of the remarkable audiotapes.

The N.Y. Daily News articles ran on Feb. 2 (Precinct Probed For Fudging Stats), Feb. 3 (Fudged Crime States Report Deserves Hearing, Sez Pol), Feb. 12 (Police Under The Gun In Crime-Stat Shenanigans), and Mar. 29 (Crime Spike For Probed B’klyn Pct).

The tapes reveal that the NYPD street cops responsible for carrying out aggressive order maintenance policing experience “enormous pressure in a strange catch-22: He or she is expected to maintain high ‘activity’—including stop-and-frisks—but, paradoxically, to record fewer actual crimes.”

Aggressive order-maintenance policing was pioneered in New York City, with an emphasis on “quality of life” policing and zero tolerance policies, and grew out of James Q. Wilson & George L. Kelling’s Broken Windows theory – the proposition that “nipping the smaller problems of disorder is the first step against major crime” – seized upon by the Giuliani campaign. Descending to low comedy, Kelling was brought on to study aggressive, “fear generating” squeegee men in NYC, videotaping and cataloguing them with a $20,000 grant. Appealing to common sense, Giuliani said “he ‘knew of situations in which people have turned down jobs in restaurants because they felt they had more flexibility’ with their squeegees.” But he “expect[ed] ‘more of people.’” After cracking down on the squeegee men, they moved onto to deal with public urination and alcohol consumption, aggressive panhandling, obstructing sidewalks, open-air drug deals, as well as truancy. (See, James Q. Wilson & George L. Kelling, Broken Windows, The Atlantic Monthly, Mar. 1982, at 29; Francis X. Clines, Candidates Attack the Squeegee Men, N.Y. Times, Sept. 26, 1993, at 39; Steven Lee Myers, ‘Squeegees’ Rank High on Next Police Commissioner’s Priority List, N.Y. Times, Dec. 4, 1993, at 23; Alison Mitchell, An Apron for a Squeegee, N.Y. Times, Feb. 16, 1994, at B3).

Broken Glass

Untitled, 1983 by Ray Mortenson

A slide show of Ray Mortenson’s rarely exhibited black-and-white photographs of the South Bronx, made between 1982 and 1984, featured in a 2008 exhibition at the Museum of the City of New York called “Broken Glass.”

Indigent Defense: Caseload Standards

Professor Steven Zeidman (director of the Defenders Clinic at CUNY School of Law) has an op-ed in today’s New York Law Journal on the “series of seemingly unconnected events” (renewed legislative and executive interest, and an opportunity for the judiciary to intervene in Hurrell-Harring, et al. v. State of New York) that “has created a historic opportunity” for New York to more fully actualize the constitutional right to counsel in criminal cases almost 50 years ago in Gideon v. Wainwright, 372 U.S. 335 (1963):

Given this historic convergence of attention and opportunity regarding indigent defense, any attempt to create standards for ensuring effective indigent representation must be carefully scrutinized…. Numbers should not be the only, nor primary, way to assess defense attorney effectiveness. Imposing numerical standards is not a magic elixir that will suddenly transform the state of indigent defense practice. The problems run deep and can only be addressed through searching inquiry into the nature of indigent defense practice.

What are the component parts of quality defense lawyering? What are the institutional norms and loyalties that impact public defenders? What are the prevailing attitudes of public defenders toward their clients, their work and what is means to be a zealous advocate? What do the accused, the consumers of indigent defense services, have to say about their lawyers? What is it that should make us confident that public defenders will provide dramatically better representation simply by virtue of having 10, 20 or 50 fewer cases in a year?

Steven Zeidman, Indigent Defense: Caseload Standards, N.Y. Law Journal, Mar. 24, 2010.

New York’s “inadequate” public defense system

William Glaberson has another article in today’s New York Times on the upcoming class action lawsuit at the Court of Appeals arguing against New york state to overhaul its indigent defense system (William Glaberson, The Right to Counsel, N.Y. Times, Mar. 21, 2010, at LI1). Today’s piece is the “story of this one defendant and her public defender, assembled through interviews and court records. . . about a woman who was barely making it before the legal system helped shove her off track.”

NYT: Brooklyn Judges Struggle Not to Send Juveniles to Prison

The juvenile incarceration system is wrecked, and there are no easy solutions. An excerpt from this morning’s New York Times:

Standing to address Judge Daniel Turbow in Family Court in Brooklyn, a city prosecutor confidently listed the reasons why the 16-year-old boy in the courtroom should be sent upstate to a juvenile prison.

He was a member of the Bloods, the prosecutor said, and he later joined another gang. He was arrested once for grand larceny and twice for assault. He went to school drunk and spat on the dean of students.

“He admits to going out to Bergen Beach to rob people,” the prosecutor continued, as the courtroom fell silent. “He stated that this is the way that he gets his money.”

Judge Turbow, looking anguished, was still reluctant to issue the harshest penalty: sending the teenager to a juvenile prison run by the state.

Cuffed for doodling on school desk

Yet another reason among the 15,090 annually that I’m joining the CUNY Law Chapter of the Suspension Representation Project:

Rachel Monahan, Cuffed For Doodling on a Desk, N.Y. Daily News, Feb. 5, 2010, at 4.

Alexa Gonzalez, a student Junior High School 190 in Forest Hills, Queens, was handcuffed and detained at police precinct for doodling on her desk with erasable marker.

A 12-year-old Queens girl was hauled out of school in handcuffs for an artless offense – doodling her name on her desk in erasable marker, the Daily News has learned.

Alexa Gonzalez was scribbling a few words on her desk Monday while waiting for her Spanish teacher to pass out homework at Junior High School 190 in Forest Hills, she said.

“I love my friends Abby and Faith,” the girl wrote, adding the phrases “Lex was here. 2/1/10″ and a smiley face.