New York

From Cell to City Hall: Candidate’s Win Shows Shift in Politics of Crime

Published

2 years ago

July 9, 2023

From Cell to City Hall: Candidate’s Win Shows Shift in Politics of Crime

During New York City’s crack era in the early 1990s, with homicide tallies five times higher than today, the authorities resorted to ruthless law enforcement.

“The police would pull your car over at will, just because you were Black, and go through the car and your pockets,” said Derrick Hamilton, 57, who grew up in public housing in Brooklyn in the 1980s and was first arrested as a teen. “They’d pull your socks off, pull your pants off.”

Crime fell across the country during the ensuing decades in a broad societal shift, and New York become one of America’s safest big cities and a thriving tourist destination. But in its darkest days police and prosecutors had cut corners and used tactics that left untold numbers of innocent people — mostly poor men of color — imprisoned on bogus murder, rape and robbery charges.

The prisoners’ dogged legal challenges prompted reinvestigations helped by left-leaning prosecutors, advances in DNA testing, pressure from newly formed advocacy groups and generous government restitution, turning New York into a national hotbed of exoneration. In recent years, one innocent middle-aged man after another has been released, ravaged by years in prison, into a tamer city.

There is no more striking personification of the change than Yusef Salaam, 49, who was arrested in the infamous 1989 Central Park jogger rape case, in which detectives coerced false confessions out of five Harlem teenagers. They were exonerated after years in prison.

Last month, Mr. Salaam won a Democratic primary for a City Council seat, making him all but certain to become the first exoneree to hold elective office in the city.

“It was inconceivable in the 1990s that Yusef Salaam could be elected to the City Council, but all these years later, there’s a change in the public consciousness and there’s now a willingness to put victims from that era in positions of authority,” said Joel Rudin, a lawyer who has handled dozens of wrongful conviction claims. “We’ve come a very long way.”

Once, prosecutors’ offices were invested in defending bad convictions, but now they uncover them with review units in all five boroughs. Progressive district attorneys who campaigned on the issue have dismissed hundreds of lower-level convictions linked to discredited police officers.

The cause has attracted wealthy patrons, as well as prestigious law firms now devoting pro bono work. It has become fodder for documentaries, docudramas and podcasts.

For the exonerated, compensation cases are being settled for increasing amounts, often totaling well over $10 million. Over the past decade, the city has paid out about $500 million. And payouts for claims against New York State, another source of compensation, are among the country’s highest.

Taken together with recoveries from civil rights cases, the more than $1 billion paid out to those wrongly convicted in New York is the highest of any state in the country by far, according to Jeffrey Gutman, a law professor at George Washington University. A small industry of private lawyers has sprung up to help former prisoners get paid, and to get paid themselves.

The situation was engendered by a very different New York. For many residents, streets and subways were to be avoided after dark. Bryant Park in Midtown, today a revitalized urban gem, was a drug market. In 1990, there were nearly 2,250 murders, five times today’s totals.

For the police, it was a time to crack down on minor offenses, and street crime units operated under the motto “We own the night.”

The desperation to catch and convict at any cost fostered “a willingness to bend the rules,” Mr. Rudin said.

Emboldened detectives manufactured cases by manipulating witnesses, coercing confessions, using suggestive identification procedures and withholding exonerating evidence, he said. Locking up a certain percentage of innocent people was simply “collateral damage.”

Mr. Salaam said in an interview last week that he and the other members of the Central Park Five were “run over by the spiked wheels of justice,” thanks to detectives who knew which levers they could pull in 1989.

“The system was operating exactly how it was designed,” he said. “These were people who were supposed to be protecting and serving us, but they literally built their careers off the backs of folks just like me.”

As the city’s economy improved and unemployment declined throughout the 1990s, murder and other violent crime decreased. Bad arrests continued nonetheless.

Rudolph W. Giuliani took office in 1994 with a pledge to crack down on crime through aggressive policing. His administration was plagued by allegations of police brutality and civil rights abuses, as well as wrongdoing like the torture of Abner Louima and killing of Amadou Diallo.

The highest totals of bad convictions in the city came in 1997, when there were 22, of which 15 were for murder, as listed on the National Registry of Exonerations. The group lists at least 230 exonerations for New York City since 1989.

“Detectives were expected to clear cases, and once they had made up their mind, they’d stop investigating,” said Irving Cohen, 80, who has represented about 15 wrongfully convicted New Yorkers since the late 1980s. He recalled receiving weekly letters from inmates asking for help. “There were a lot of homicides,” he said. “They did whatever they had to do to get the person convicted, whether they believed the person was guilty or not.”

Mr. Salaam’s exoneration in 2002 was a stunning reversal, one of the first cases that showed the pitfalls of New York’s wholesale justice. A convicted murderer and serial rapist admitted that he was responsible for the attack, and the Manhattan district attorney’s office filed court papers clearing Mr. Salaam and the other members of the Central Park Five.

But some police officials continued to blame the wrongly convicted men despite D.N.A. evidence. The district attorney at the time, Robert M. Morgenthau, found no coercion by officers or prosecutors.

Many dismissed cases involved a relative handful of officers, including Louis Scarcella, a former Brooklyn homicide detective whose conduct has led to the review of dozens of cases and to at least eight murder convictions being overturned. Mr. Scarcella has denied any wrongdoing.

One of his cases was that of Mr. Hamilton, who served more than 20 years on a 1991 murder charge. He litigated from prison, with limited access to phones and correspondence materials. He drafted briefs from a cramped cell, researched cases in a meager law library and wrote legal letters longhand from solitary confinement.

For Mr. Hamilton, things changed when a key eyewitness came forward years after his conviction to say that Mr. Scarcella had coerced her into lying.

The case was taken up by the Brooklyn district attorney’s conviction integrity unit, which, with more than 30 exonerations since 2014, is one of the most robust units in the nation and one reason the borough has by far the highest number of overturned convictions of any in the city, with 88 on the national registry.

In 2019, after the Bronx prosecutors’ conviction integrity unit and the Innocence Project presented new evidence, a judge vacated the 1989 murder conviction of Huwe Burton, who had been coerced by detectives into a false confession at age 16.

The Bronx district attorney, Darcel Clark, said that detectives had used the discredited practices of the era.

“What they did was not necessarily wrong — that is the way things were done then,” she told The New York Times in 2019. “For 1989, that was standard practice for the N.Y.P.D., but now we know better.”

Some disagree. Police and prosecutors are almost never disciplined for misconduct, including coercing innocent suspects into confessing, said Rebecca Brown, who for the past eight years was director of policy at the Innocence Project in Manhattan.

And police still can lie and make false promises to suspects, including children, to elicit false confessions, she said.

“Many of the contributing causes are still alive and well in New York City,” she said. “There’s nothing resembling robust accountability.”

Still, changes have been made to interrogations and suspect lineups, and there is more oversight of prosecutors and access to officers’ discipline records.

Standards have been improved for obtaining more reliable confessions and identifications, Mr. Rudin said, adding that judges and prosecutors are now generally more skeptical of cases built around jailhouse informants. Defense lawyers, previously stymied by limited access to prosecutors’ case information, are now entitled to more of it, and can prepare a proper defense, he said.

And the politics have changed. In Mr. Salaam’s City Council campaign, he spoke often about his conviction and exoneration. In his interview, he urged measures like drug treatment instead of prison for drug offenders and allowing lower-level offenders to avoid Rikers Island.

“We don’t want to put innocent people in jail,” he said.

As for Mr. Hamilton, he has worked since his release as an activist and paralegal to identify and overturn other wrongful convictions, including numerous ones linked to Mr. Scarcella. He is part of a brotherhood of exonerees who cooperate to prepare legal briefs and continue to visit inmates, donate money and raise awareness about cases.

“My loyalty,” he said, “is to those guys still wrongfully in prison.”

New York

New York’s Chinese Dissidents Thought He Was an Ally. He Was a Spy.

Published

7 hours ago

January 10, 2025

Press Room

New York’s Chinese Dissidents Thought He Was an Ally. He Was a Spy.

The Chinese government’s paranoia about overseas dissidents can seem strange, considering the enormous differences in power between exiled protesters who organize marches in America and their mighty homeland, a geopolitical and economic superpower whose citizens they have almost no ability to mobilize. But to those familiar with the Chinese Communist Party, the government’s obsession with dissidents, no matter where in the world they are, is unsurprising. “Regardless of how the overseas dissident community is dismissed outside of China, its very existence represents a symbol of hope for many within China,” Wang Dan, a leader of the Tiananmen Square protests who spent years in prison before being exiled to the United States in 1998, told me. “For the Chinese Communist Party, the hope for change among the people is itself a threat. Therefore, they spare no effort in suppressing and discrediting the overseas dissident community — to extinguish this hope in the hearts of people at home.”

To understand the party’s fears about the risks posed by dissidents abroad, it helps to know the history of revolutions in China. “Historically, the groups that have overthrown the incumbent government or regime in China have often spent a lot of time overseas and organized there,” says Jessica Chen Weiss, a professor of China studies at Johns Hopkins University. The leader Sun Yat-sen, who played an important role in the 1911 revolution that dethroned the Qing dynasty and led eventually to the establishment of the People’s Republic of China, spent several periods of his life abroad, during which he engaged in effective fund-raising and political coordination. The Communist Party’s own rise to power in 1949 was partly advanced by contributions from leaders who were living overseas. “They are very sensitive to that potential,” Weiss says.

“What the Chinese government and the circle of elites that are running China right now fear the most is not the United States, with all of its military power, but elements of unrest within their own society that could potentially topple the Chinese Communist Party,” says Adam Kozy, a cybersecurity consultant who worked on Chinese cyberespionage cases when he was at the F.B.I. Specifically, Chinese authorities worry about a list of threats — collectively referred to as the “five poisons” — that pose a risk to the stability of Communist rule: the Uyghurs, the Tibetans, followers of the Falun Gong movement, supporters of Taiwanese independence and those who advocate for democracy in China. As a result, the Chinese government invests great effort in combating these threats, which involves collecting intelligence about overseas dissident groups and dampening their influence both within China and on the international stage.

Controlling dissidents, regardless of where they are, is essential to China’s goal of projecting power to its own citizens and to the world, according to Charles Kable, who served as an assistant director in the F.B.I.’s national security branch before retiring from the bureau at the end of 2022. “If you have a dissident out there who is looking back at China and pointing out problems that make the entire Chinese political apparatus look bad, it will not stand,” Kable says.

The leadership’s worries about such individuals were evident to the F.B.I. right before the 2008 Beijing Olympics, Kable told me, describing how the Chinese worked to ensure that the running of the Olympic flame through San Francisco would not be disrupted by protesters. “And so, you had the M.S.S. and its collaborators deployed in San Francisco just to make sure that the five poisons didn’t get in there and disrupt the optic of what was to be the best Olympics in history,” Kable says. During the run, whose route was changed at the last minute to avoid protesters, Chinese authorities “had their proxies in the community line the streets and also stand back from the streets, looking around to see who might be looking to cause trouble.”

New York

Hochul Seeks to Limit Private-Equity Ownership of Homes in New York

Published

15 hours ago

January 9, 2025

Press Room

Hochul Seeks to Limit Private-Equity Ownership of Homes in New York

Gov. Kathy Hochul of New York on Thursday proposed several measures that would restrict hedge funds and private-equity firms from buying up large numbers of single-family homes, the latest in a string of populist proposals she intends to include in her State of the State address next week.

The governor wants to prevent institutional investors from bidding on properties in the first 75 days that they are on the market. Her plan would also remove certain tax benefits, such as interest deductions, when the homes are purchased.

The proposals reflect a nationwide effort by mostly Democratic lawmakers to discourage large firms from crowding out individuals or families from the housing market by paying far above market rate and in cash, and then leasing the homes or turning them into short-term rentals.

Activists and some politicians have argued that this trend has played a role in soaring prices and low vacancy rates — though low housing production is widely viewed as the main driver of those problems.

If Ms. Hochul was inviting a fight with the real estate interests who have backed her in the past, she did not seem concerned. She even borrowed a line from Jimmy McMillan, who ran long-shot candidacies for governor and mayor as the founder of the Rent Is Too Damn High Party.

“The cost of living is just too damn high — especially when it comes to the sky-high rents and mortgages New Yorkers pay every month,” Ms. Hochul said in a written statement.

James Whelan, president of the Real Estate Board of New York, said his team would review the proposal, but characterized it as “another example of policy that will stifle investment in housing in New York.”

The plan — the specifics of which will be negotiated with the Legislature — is one of several recent proposals the governor has made with the goal of addressing the state’s affordability crisis. Voters have expressed frustration about the high costs of housing and basic goods in the state. This discontent has led to political challenges for Ms. Hochul, who is likely to face rivals in the 2026 Democratic primary and in the general election.

In 2022, five of the largest investors in the United States owned 2 percent of the country’s single-family rental homes, most of them in Sun Belt and Southern states, according to a recent report from the federal Government Accountability Office. The report stated that it was “unclear how these investors affected homeownership opportunities or tenants because many related factors affect homeownership — e.g., market conditions, demographic factors and lending conditions.”

Researchers at Harvard University found that “a growing share of rental properties are owned by business entities and medium- and large-scale rental operators.”

State officials were not able to offer a complete picture of how widespread the practice was in New York. They said local officials in several upstate cities had told them about investors buying up dozens of homes at a time and turning them into rentals.

The New York Times reported in 2023 that investment firms were buying smaller buildings in places like Brooklyn and Queens from families and smaller landlords.

Ms. Hochul’s concern is that these purchases make it harder for first-time home buyers to gain a foothold in the market and can lead to more rental price gouging.

“Shadowy private-equity giants are buying up the housing supply in communities across New York, leaving everyday homeowners with nowhere to turn,” she said in a statement on Thursday. “I’m proposing new laws and policy changes to put the American dream of owning a home within reach for more New Yorkers than ever before.”

Cracking down on corporate landlords became a prominent talking point in last year’s presidential election. On the campaign trail, Vice President Kamala Harris called on Congress to pass previously introduced legislation eliminating tax benefits for large investors that purchase large numbers of homes.

“It can make it impossible then for regular people to be able to buy or even rent a home,” Ms. Harris said last summer.

In August, Representative Pat Ryan, Democrat of New York, called on the Federal Trade Commission to investigate price gouging by private-equity firms in the housing market. He cited a study that estimated that private-equity firms “are expected to control 40 percent of the U.S. single-family rental market by 2030.”

Statehouses across the country have recently looked at ways to tackle corporate homeownership. One effort in Nevada, which passed the Legislature but was vetoed by Gov. Joe Lombardo, proposed capping the number of units a corporation could buy in a calendar year. It was opposed by local chambers of commerce and the state’s homebuilders association.

A bill was introduced in the Minnesota State Legislature that would ban the conversion of homes owned by corporations into rentals. It has yet to come up for a vote.

At the federal level, Senator Jeff Merkley, Democrat of Oregon, and Representative Adam Smith, Democrat of Washington, introduced joint legislation that would force hedge funds to sell all the single-family homes they own over 10 years.

New York

N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed

Published

23 hours ago

January 9, 2025

Press Room

N.Y. Prosecutors Urge Supreme Court to Let Trump’s Sentencing Proceed

New York prosecutors on Thursday urged the U.S. Supreme Court to deny President-elect Donald J. Trump’s last-ditch effort to halt his criminal sentencing, in a prelude to a much-anticipated ruling that will determine whether he enters the White House as a felon.

In a filing a day before the scheduled sentencing, prosecutors from the Manhattan district attorney’s office called Mr. Trump’s emergency application to the Supreme Court premature, saying that he had not yet exhausted his appeals in state court. They noted that the judge overseeing the case plans to spare Mr. Trump jail time, which they argued undermined any need for a stay.

The prosecutors, who had secured Mr. Trump’s conviction last year on charges that he falsified records to cover up a sex scandal that endangered his 2016 presidential campaign, implored the Supreme Court to let Mr. Trump’s sentencing proceed.

“There is a compelling public interest in proceeding to sentencing,” they wrote, and added that “the sanctity of a jury verdict and the deference that must be accorded to it are bedrock principles in our Nation’s jurisprudence.”

The district attorney’s office has so far prevailed in New York’s appellate courts, but Mr. Trump’s fate now rests in the hands of a friendlier audience: a Supreme Court with a 6-to-3 conservative majority that includes three justices Mr. Trump appointed. Five are needed to grant a stay.

Their decision, coming little more than a week before the inauguration, will test the influence Mr. Trump wields over a court that has previously appeared sympathetic to his legal troubles.

In July, the court granted former presidents broad immunity for official acts, stymying a federal criminal case against Mr. Trump for trying to overturn the 2020 election. (After Mr. Trump won the 2024 election, prosecutors shut down that case.)

The revelation that Mr. Trump spoke this week by phone with one of the conservative justices, Samuel A. Alito Jr., has fueled concerns that he has undue sway over the court.

Justice Alito said he was delivering a job reference for a former law clerk whom Mr. Trump was considering for a government position. But the disclosure alarmed ethics groups and raised questions about why a president-elect would personally handle such a routine reference check.

It is unclear whether Justice Alito will recuse himself from the decision, which the court could issue promptly.

Mr. Trump’s sentencing is scheduled to begin at 9:30 a.m. Friday in the same Lower Manhattan courtroom where his trial took place last spring, when the jury convicted him on all 34 felony counts.

If the Supreme Court rescues Mr. Trump on Thursday, returning him to the White House on Jan. 20 without the finality of being sentenced, it will confirm to many Americans that he is above the law. Almost any other defendant would have been sentenced by now.

“A sentencing hearing more than seven months after a guilty verdict is aberrational in New York criminal prosecutions for its delay, not its haste,” the prosecutors wrote.

The prosecutors also noted that Mr. Trump would most likely avoid any punishment at sentencing. The trial judge, Juan M. Merchan, has signaled he plans to show Mr. Trump leniency, reflecting the practical impossibility of incarcerating a president.

Still, Mr. Trump’s lawyers argued that the sentencing could impinge on his presidential duties. It would formalize Mr. Trump’s conviction, cementing his status as the first felon to occupy the Oval Office.

That status, Mr. Trump’s lawyers wrote in the filing to the Supreme Court, would raise “the specter of other possible restrictions on liberty, such as travel, reporting requirements, registration, probationary requirements and others.”

The court’s immunity ruling also underpinned Mr. Trump’s request to halt his sentencing. In the application, Mr. Trump’s lawyers argued that he was entitled to full immunity from prosecution — as well as sentencing — because he won the election.

“This court should enter an immediate stay of further proceedings in the New York trial court,” the application said, “to prevent grave injustice and harm to the institution of the presidency and the operations of the federal government.”

Mr. Trump’s application was filed by two of his picks for top jobs in the Justice Department: Todd Blanche, Mr. Trump’s choice for deputy attorney general, and D. John Sauer, his selection for solicitor general.

“Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as president of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests,” they wrote.

Whether that argument will prevail is uncertain. Some legal experts have doubted the merits of Mr. Trump’s application, and lower courts have greeted his arguments with skepticism.

Earlier Thursday, a judge on the New York Court of Appeals in Albany, the state’s highest court, declined to grant a separate request from Mr. Trump to freeze the sentencing.

Prosecutors noted that Mr. Trump had yet to have a full appellate panel rule on the matter, and that he had not mounted a formal appeal of his conviction. Consequently, they argued, the Supreme Court “lacks jurisdiction over this non-final state criminal proceeding.”

Also this week, a judge on the First Department of New York’s Appellate Divison in Manhattan rejected the same request to halt the sentencing.

That judge, Ellen Gesmer, grilled Mr. Trump’s lawyer at a hearing about whether he had found “any support for a notion that presidential immunity extends to president-elects?”

With no example to offer, Mr. Blanche conceded, “There has never been a case like this before.”

In their filing Thursday, prosecutors echoed Justice Gesmer’s concerns, noting that “This extraordinary immunity claim is unsupported by any decision from any court.”

They also argued that Mr. Trump’s claims of presidential immunity fell short because their case concerned a personal crisis that predated his first presidential term. The evidence, they said, centered on “unofficial conduct having no connection to any presidential function.”

The state’s case centered on a sex scandal involving the porn star Stormy Daniels, who threatened to go public about an encounter with Mr. Trump, a salacious story that could have derailed his 2016 campaign.

To bury the story, Mr. Trump’s fixer, Michael D. Cohen, negotiated a $130,000 hush-money deal with Ms. Daniels.

Mr. Trump eventually repaid him. But Mr. Cohen, who was the star witness during the trial, said that Mr. Trump orchestrated a scheme to falsify records and hide the true purpose of the reimbursement.

Although Mr. Trump initially faced sentencing in July, his lawyers buried Justice Merchan in a flurry of filings that prompted one delay after another. Last week, Justice Merchan put a stop to the delays and scheduled the sentencing for Friday.

Mr. Trump faced four years in prison, but his election victory ensured that time behind bars was not a viable option. Instead, Justice Merchan indicated that he would impose a so-called unconditional discharge, a rare and lenient alternative to jail or probation.

“The trial court has taken extraordinary steps to minimize any burdens on defendant,” the prosecutors wrote Thursday.