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After Days of Chaos at Rikers, Judge to Hear Arguments for Takeover

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After Days of Chaos at Rikers, Judge to Hear Arguments for Takeover

A federal judge Thursday opened the door to stripping New York City of control over Rikers Island, in a hearing that highlighted the daily chaos that reigns in the jails despite repeated assertions by Mayor Eric Adams and his allies that conditions are improving.

Just two days ago, according to data presented at the hearing, staffers used force against detainees 29 times. There were 12 fights among detainees and 10 incidents in which detainees harmed themselves or said they wished to. There were nine assaults on staff and seven fires. Jail workers recovered cocaine, fentanyl, marijuana, Prozac, Ambien, 15 sharp objects and two iPhones.

To alleviate a crisis in which a normal day can include numbers like those, the judge, Laura Taylor Swain, will now allow federal prosecutors and lawyers for detainees to argue that an outside authority should take over the jails. On Thursday, she set a schedule for a series of legal arguments that may shape the future of the city’s jail system.

Judge Swain, of Federal District Court in Manhattan, said that while she had not given up on the city, it had not shown that it was willing or able to keep people in custody safe.

“The people incarcerated at Rikers are at a grave risk of immediate harm,” she said.

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Though Judge Swain’s decision on Thursday is a major step, there is still no guarantee that she will appoint an outside authority, known as a receiver. That decision is months away, and would follow prolonged legal arguments between prosecutors and detainees’ lawyers, who are working together, and the city. The first legal filing on the road to receivership is due in November, and the process is not expected to be completed until next year.

If appointed, the receiver would have powers that correction commissioners do not. Backed by Judge Swain, he or she could override state and local laws, cutting through red tape and employment rules — which could mean severing or limiting the relationship between the jails and the correction officers’ union, which has major sway over how they are run.

Experts have warned that a receiver — who would be chosen by the judge — would still have a difficult time given the depth and complexity of the problems that bedevil Rikers Island.

The jail complex tumbles from crisis to crisis. The most recent began in 2020. With New York still in the throes of the pandemic, hundreds of correction officers began calling in sick or simply failing to show up. Their absence created conditions for more uses of force by guards who remained on duty, more serious violence among detainees and a spike in self-harm. Over 40 people held in the jails have died since the beginning of 2021. Last year’s toll of 19 was the most in nearly a decade.

Mayor Adams and his correction commissioner, Louis A. Molina, insist that the situation is turning around, even as four people died last month.

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On Tuesday, one of three recent days of chaos sketched at the hearing, lawmakers toured the jails. Aligned with Mr. Adams against receivership — as well as with the city’s largest correction officers union — many remarked publicly on supposedly improved conditions and posted cheerful pictures of the facilities.

Anna Friedberg, the member of the judge’s monitoring team who rattled off the damning data during the hearing, said the visit was one of several ways in which the administration has sought to shape public perception. She mentioned that the following day, during a tour of the facilities, her team had encountered detainees openly using narcotics.

Immediately after her presentation, Mr. Molina took the lectern and said that the Adams administration has made progress “at a breakneck pace.”

“Things are not getting worse,” he said. “The facts suggest the very opposite.”

His view was disputed. Jeffrey Powell, a federal prosecutor, said that the crisis persists, and that his office “just can’t wait any longer for conditions to substantially improve.” Mary Lynne Werlwas, a Legal Aid Society lawyer for detainees, said that the city in recent months has showed a “disturbingly cavalier attitude toward truthfulness.”

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Interviews with those familiar with the system demonstrate that the situation remains dire.

Margaret DaRocha, a trial attorney at New York County Defender Services, said that she had made a special effort to protect one client, whom she declined to name for fear of retaliation from correction officers. Her client is incontinent because he had been shot in the stomach years ago. Ms. DaRocha worried that at Rikers, he would be vulnerable to medical complications, as well as attacks from guards and other detainees.

After communicating her concerns, she learned that the Department of Correction had not moved her client to protective housing. Toward the end of June, he was punched in the jaw by another detainee. He had emergency surgery and is now back at Rikers, where he is being told he does not qualify to have his jaw wound cared for.

Thursday’s hearing had been a long time coming. In April 2022, the U.S. attorney in Manhattan, Damian Williams, suggested that the emergency at Rikers might be solved only if an outsider were to step in. But Judge Swain gave the city more time to right the crisis after hearing Mr. Molina argue that “change must come from within.”

Mr. Molina worked with the monitoring team that oversees the jails, led by Steve J. Martin, to make a plan for change.

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By November, 18 people had died either in custody or directly upon release, and lawyers for detainees — the Legal Aid Society and the firm Emery Celli Brinckerhoff Abady Ward & Maazel — asked to be permitted to argue for a takeover. Judge Swain denied the request.

This year, there was a shift. Mr. Martin, who had previously praised Mr. Molina, began to criticize him for opacity, even asserting that the city could not be trusted to accurately disclose the number of people who had died on its watch. Mr. Martin’s dissatisfaction appears to have influenced Judge Swain. In a recent hearing and again in recent filings, she has blasted the city for failing to “address the dangerous conditions that perpetually plague the jails.”

Still, Judge Swain said Thursday that a drastic solution might not be necessary. She warned that she still expects the administration to turn things around.

“I will be watching,” she said. “The people of this city will be watching.” She later added, “Watching in justifiable expectation — as well as in hope.”

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New York

We Counted 22,252 Cars to See How Much Congestion Pricing Might Have Made This Morning

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We Counted 22,252 Cars to See How Much Congestion Pricing Might Have Made This Morning

Today would have been the first Monday of New York City’s congestion pricing plan. Before it was halted by Gov. Kathy Hochul, the plan was designed to rein in some of the nation’s worst traffic while raising a billion dollars for the subway every year, one toll at a time.

A year’s worth of tolls is hard to picture. But what about a day’s worth? What about an hour’s?

To understand how the plan could have worked, we went to the edges of the tolling zone during the first rush hour that the fees would have kicked in.

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Here’s what we saw:

Video by Noah Throop/The New York Times; animation by Ruru Kuo/The New York Times

You probably wouldn’t have seen every one of those cars if the program had been allowed to proceed. That’s because officials said the fees would have discouraged some drivers from crossing into the tolled zone, leading to an estimated 17 percent reduction in traffic. (It’s also Monday on a holiday week.)

The above video was just at one crossing point, on Lexington Avenue. We sent 27 people to count vehicles manually at four bridges, four tunnels and nine streets where cars entered the business district. In total, we counted 22,252 cars, trucks, motorcycles and buses between 8 a.m. and 9 a.m. on Monday.

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We wanted to see how the dense flow of traffic into the central business district would have generated money in real time.

Though we can’t know that dollar amount precisely, we can hazard a guess. Congestion pricing was commonly referred to as a $15-per-car toll, but it wasn’t so simple. There were going to be smaller fees for taxi trips, credits for the tunnels, heftier charges for trucks and buses, and a number of exemptions.

To try to account for all that fee variance, we used estimates from the firm Replica, which models traffic data, on who enters the business district, as well as records from the Metropolitan Transportation Authority and city agencies. We also made a few assumptions where data wasn’t available. We then came up with a ballpark figure for how much the city might have generated in an hour at those toll points.

The total? About $200,000 in tolls for that hour.

Note: The Trinity Place exit from the Brooklyn-Battery Tunnel, which would have been tolled, is closed at this hour.

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It’s far from a perfect guess. Our vehicle total is definitely an undercount: We counted only the major entrances — bridges, tunnels and 60th Street — which means we missed all the cars that entered the zone by exiting the Franklin D. Roosevelt Drive or the West Side Highway.

And our translation into a dollar number is rough. Among many other choices we had to make, we assumed all drivers had E-ZPass — saving them a big surcharge — and we couldn’t distinguish between transit buses and charter buses, so we gave all buses an exemption.

But it does give you a rough sense of scale: It’s a lot of cars, and a lot of money. Over the course of a typical day, hundreds of thousands of vehicles stream into the Manhattan central business district through various crossings.

Trips into tolling district, per Replica estimates

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Queens-Midtown Tunnel 50,600
Lincoln Tunnel 49,200
Williamsburg Bridge 27,900
Manhattan Bridge 24,000
Brooklyn-Battery Tunnel 23,100
Queensboro Bridge 21,700
Brooklyn Bridge 17,100
Holland Tunnel 15,400
All other entrances 118,000
Total 347,000

Note: Data counts estimated entrances on a weekday in spring 2023. Source: Replica.

The tolling infrastructure that was installed for the program cost roughly half a billion dollars.

The M.T.A. had planned to use the congestion pricing revenue estimates to secure $15 billion in financing for subway upgrades. Many of those improvement plans have now been suspended.

Methodology

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We stationed as many as five counters at some bridges and tunnels to ensure that we counted only cars that directly entered the tolling zone, not those that would have continued onto non-tolled routes.

Our count also excluded certain exempt vehicles like emergency vehicles.

We used estimates of the traffic into the district to make a best guess at how many of each kind of vehicle entered the zone. Most of our estimates came from the traffic data firm Replica, which uses a variety of data sources, including phone location, credit card and census data, to model transportation patterns. Replica estimated that around 58 percent of trips into the central business district on a weekday in spring 2023 were made by private vehicles, 35 percent by taxis or other for-hire vehicles (Uber and Lyft) and the remainder by commercial vehicles.

We also used data on trucks, buses, for-hire vehicles and motorcycles from the M.T.A., the Taxi and Limousine Commission and the Department of Transportation.

For simplicity, we assumed all vehicles would be equally likely to enter the zone from 8 a.m. to 9 a.m. as they would be in any other hour. We could not account for the other trips that a for-hire vehicle might make once within the tolled zone, only the initial crossing. And we did not include the discount to drivers who make under $50,000, because it would kick in only after 10 trips in a calendar month.

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Transcript of Trump Manhattan Trial, May 30, 2024

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Transcript of Trump Manhattan Trial, May 30, 2024

-
Jury Deliberation Re-charge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
-
PART: 59
Χ
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
Indict. No.
71543-2023
CHARGE
4909
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
100 Centre Street
New York, New York 10013
May 30, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates, RPR, CCR, RSA
Principal Court Reporter

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New York

Transcript of Trump Manhattan Trial, May 29, 2024

Published

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Transcript of Trump Manhattan Trial, May 29, 2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
THE PEOPLE OF THE STATE OF NEW YORK,
PART: 59
Indict. No.
71543-2023
CHARGE
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
4815
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
X
100 Centre Street
New York, New York 10013
May 29, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE
PEOPLE:
ALVIN BRAGG, JR.,
ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates,
RPR, CCR, RSA
Principal Court Reporter

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