Citing 'crisis within a crisis,' NY judge refuses to release people held more than 24 hours
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A Manhattan judge refused Thursday to release people held more than 24 hours before their arraignment, citing “a crisis within a crisis” that caused a system slowdown.
Judge James Burke cited a 1991 decision holding that “an acceptable explanation” for delay can overcome the general requirement to release arrestees held in custody for more than 24 hours, the New York Law Journal reports.
Law360 and the New York Daily News also have coverage.
Burke identified the two crises as “a civil unrest crisis within the overarching COVID-19 crisis,” according to the New York Daily News.
New York’s Legal Aid Society had sought release of the arrestees held past the 24-hour point. The number of such people stood at 131 in Manhattan and one in Brooklyn on Thursday evening, a court system spokesperson told Law360. On Thursday morning, the number stood at 217 in Manhattan and 262 citywide.
Legal Aid counsel Russell Novack had argued that most of the detainees would be released under new bail reforms, so they should be released immediately, according to Law360. Those held on third-degree burglary charges for alleged looting are among those who would get “an automatic walkout” under reforms, he said.
The New York Daily News quoted Legal Aid senior staff attorney Marlen Suyapa Bodden, who contended that police were intentionally delaying processing.
Bodden said the New York Police Department is one of the wealthiest police departments in the world, with access to the best technology.
“But now, when it comes to processing protesters, people who are asserting their First Amendment rights, oh, all of a sudden, because they’re protesting police brutality, now we’re back to the days of carrier pigeon,” Bodden said.
Janine Gilbert, the NYPD’s assistant deputy commissioner of criminal justice reform and compliance, had argued that the delays were caused by “unprecedented times,” Law360 reported.
Gilbert said officers are working 12-hour shifts with no time off, and “it’s chaos.” Because so many officers are assigned to the streets, the paperwork is delayed, Gilbert said.
Gilbert also said video arraignments are more time-consuming.
The hearing before Burke was held via Skype.
Hat tip to @BryanLlenas.
