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Outside Official Will Take Over Deadly Rikers Island Jail, Judge Orders

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Outside Official Will Take Over Deadly Rikers Island Jail, Judge Orders

A federal judge overseeing New York City’s jails took Rikers Island out of the city’s control on Tuesday, ordering that an outside official be appointed to make major decisions regarding the troubled and violent jail complex.

The judge, Laura Taylor Swain, said in a 77-page ruling that the official would report directly to her and would not be a city employee, turning aside Mayor Eric Adams’s efforts to maintain control of the lockups. The official, called a remediation manager, would work with the New York City correction commissioner, but be “empowered to take all actions necessary” to turn around the city’s jails, she wrote.

“While the necessary changes will take some time, the court expects to see continual progress toward these goals,” Judge Swain wrote.

The order comes nearly a decade after the city’s jails, which include the Rikers Island complex, fell under federal oversight in the settlement of a class-action lawsuit. The agreement focused on curbing the use of force and violence toward both detainees and correction officers. A court-appointed monitor issued regular reports on the persistent mayhem.

New York City has held onto its control of Rikers with white knuckles — struggling to show progress and reaching the brink of losing oversight of the jails as critics of the system have called for a receiver. Conditions have not improved, according to lawyers for the plaintiffs and the federal monitor.

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The city’s jail population has grown to more than 7,000 from a low of about 4,000 in 2020. And in the first three months of this year, five people died at Rikers or shortly after being released from city custody, equaling the number of detainees who died in all of 2024.

In a statement, lawyers from the Legal Aid Society and Emery Celli Brinckerhoff Abady Ward & Maazel, which represent detainees, said they commended the court’s “historic decision.”

“For years, the New York City Department of Correction has failed to follow federal court orders to enact meaningful reforms, allowing violence, disorder and systemic dysfunction to persist,” said Mary Lynne Werlwas and Debra Greenberger. “This appointment marks a critical turning point.”

The remediation manager will be a receiver in all but name. The official will be granted “broad powers” as plaintiffs had asked, Judge Swain wrote, but will also develop a plan for improvement in concert with the correction commissioner.

Such arrangements are the last resort for a troubled jail or prison. Since 1974, federal courts have put only nine jail systems in receivership, not counting Tuesday’s Rikers order.

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The ruling was another blow for Mr. Adams, who is fighting for his political life after the Trump administration dropped corruption charges against him so that he could assist with its deportation efforts. Many of his confidants have also faced investigations, he is on his fourth police commissioner and his approval ratings have hit historic lows.

Now, the mayor, a former police captain, has lost most control of an institution that employs about 5,000 people represented by the Correction Officers’ Benevolent Association, a union that has been a bastion of political support.

On Tuesday, even as prisoners rights organizations and some of Mr. Adams’s campaign opponents celebrated, the mayor disputed whether Judge Swain’s order constituted a receivership and painted it as a benefit.

“The problems at Rikers are decades in the making,” he said. “We finally got stability.”

In a statement, Benny Boscio, president of the correction officers’ union, said that Judge Swain’s order had preserved the right to representation and collective bargaining, and he made clear that the guards must be reckoned with.

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“The city’s jails cannot operate without us,” he said. “And no matter what the new management of our jails looks like, the path toward a safer jail system begins with supporting the essential men and women who help run the jails every day.”

New York City has spent more than $500,000 per inmate annually in recent years, according to city data, well beyond what other large cities have spent, and yet detainees still sometimes go without food or proper medical care.

A New York Times investigation in 2021 found that guards are often stationed in inefficient ways that fail to protect detainees. And although the jail system has consistently been the most well-staffed in the United States — there is roughly one uniformed officer for each inmate at Rikers, according to city data — an unlimited sick leave policy and other uses of leave have meant that there are too few guards present to keep inmates safe.

The class-action lawsuit that led to the takeover, known as Nunez v. City of New York, was settled in June 2015 and required that the jails be overseen by a court-appointed monitor who would issue regular reports on conditions there but would wield no direct power to effect change.

Through those reports, Judge Swain was given an extensive history of the cyclical nature of the jail system’s problems. Through the administration of two mayors and several correction commissioners, the jails continued to devolve, according to prisoners’ rights advocates and the monitor’s reports. In November, the judge found the city in contempt for failing to stem violence and excessive force at the facility, which is currently run by Correction Commissioner Lynelle Maginley-Liddie.

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Over the years, the city has argued that the Department of Correction has made progress, even as Judge Swain issued remedial orders and the monitor and prisoners’ advocates pointed to backsliding.

In 2023, Damian Williams, then Manhattan’s top prosecutor, joined calls for the appointment of an outside authority to take control of Rikers, saying that the city had been “unable or unwilling” to make reforms under two mayors and four correction commissioners.

On Tuesday, Jay Clayton, whom President Trump appointed last month as interim U.S. attorney, said Judge Swain’s decision was a “welcomed and much needed milestone.”

In a 65-page opinion last year, Judge Swain said that the city and the Department of Correction had violated the constitutional rights of prisoners and staff members by exposing them to danger, and had intentionally ignored her orders for years. Officials had fallen into an “unfortunate cycle” in which initiatives were abandoned and then restarted under new administrations, she wrote.

An inability to operate independently of politics is what has kept Rikers from turning around, said Elizabeth Glazer, the founder of Vital City and a former criminal justice adviser under Mayor Bill de Blasio.

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“Every new administration, there’s a reset,” she said. “Every new crisis, there’s a reset.”

Last year, Judge Swain ordered city leaders to meet with lawyers for prisoners to create a plan for an “outside person,” known as a receiver, who could run the system.

The parties met in recent months to try to reach an agreement, in deliberations overseen by the federal monitor, Steve J. Martin. He told the court that the parties and his team had been “actively engaged” in discussions.

In the end, the sides submitted dueling proposals.

The Legal Aid Society and a private law firm representing incarcerated people argued that the court should strip the city of control and install a receiver who would answer only to the court. The receiver should be given broad power to make changes, they proposed, including with regard to staffing and union contracts that govern it.

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The receiver, they said, could “review, investigate and take disciplinary or other corrective or remedial actions with respect to violations of D.O.C. policies, procedures and protocols” related to the court order.

In its plan, the city offered to give Ms. Maginley-Liddie dual roles by adding the title of “compliance director” to her responsibilities. The city proposed that she answer to the court on issues related to the consent decree, such as safety and staffing shortages, while answering to the mayor on everything else.

However, the city has had a “a multitude of opportunities” to improve its management of the jails and has “proven unable or unwilling to take advantage of those opportunities,” said Hernandez D. Stroud, a senior fellow at the Brennan Center for Justice at the New York University School of Law.

“Judge Swain was left no other choice,” he said.

Emma G. Fitzsimmons contributed reporting.

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Man Dies in Subway Attack; Mamdani Orders Inquiry Into Suspect’s Release From Bellevue

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Man Dies in Subway Attack; Mamdani Orders Inquiry Into Suspect’s Release From Bellevue

A 76-year-old man died on Friday after being shoved down the stairs at the 18th Street subway station in Manhattan, and the police arrested a suspect who had been arrested multiple times in recent months and had been discharged from Bellevue Hospital’s psychiatric ward just hours before.

The victim, Ross Falzone, landed on his head at the bottom of the stairs and suffered a traumatic brain injury, a fractured spine and a fractured rib after a stranger rushed forward and pushed him, the police said.

Mr. Falzone had been walking north on Seventh Avenue toward the subway station in the Chelsea neighborhood on Thursday evening, said Brad Weekes, assistant commissioner of public information for the Police Department. Walking about 30 yards behind him was the stranger, according to surveillance footage from the scene, Mr. Weekes said. As Mr. Falzone reached the station, the man rushed forward and pushed him down the stairs. He was taken to Bellevue where he died shortly before 3 a.m. on Friday.

The death sparked outrage at City Hall. Mayor Zohran Mamdani quickly called for an investigation into how Bellevue handled the discharge of the suspect and suggested that institutional problems at the hospital might have led to the random attack.

“I am horrified by the killing of Ross Falzone and the circumstances that led to it,” Mr. Mamdani said in a news release on Friday, in which he ordered “an immediate investigation on what steps should have been taken to prevent this tragedy.”

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Police identified the suspect as Rhamell Burke, 32.

In the three months preceding the attack, Mr. Burke was arrested four times, Mr. Weekes said, including an arrest on Feb. 2 in connection with an assault on a Port Authority police officer.

Mr. Burke’s most recent interaction with the police began at around 3:30 p.m. Thursday, when he approached a group of N.Y.P.D. officers outside the 17th Precinct station house on East 51st Street, Mr. Weekes said. He grabbed a stick from a pile of garbage on the street and approached the officers, who told him to drop the stick. When he did, officers placed Mr. Burke in a police vehicle and drove him to Bellevue, where he was admitted to the emergency room at around 3:40 p.m., Mr. Weekes said. Mr. Burke was taken to the hospital’s Comprehensive Psychiatric Emergency Program for evaluation and treatment, Mr. Weekes said, and was released from the hospital one hour later.

He was just a mile and a half from the hospital when he encountered Mr. Falzone at around 9:30 p.m. Thursday.

On Friday afternoon, police officers found Mr. Burke in Penn Station, where they arrested him. He was in custody on Friday evening. It was unclear Friday if Mr. Burke had a lawyer.

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The mayor said he had requested help from the New York State Department of Health, which will investigate the decision to release Mr. Burke from Bellevue and conduct a review of similar cases at the hospital. The state agency also will investigate psychiatric evaluation and discharge procedures across NYC Health and Hospitals, the city’s public hospital system, according to the news release.

Mr. Falzone was a retired high school teacher who lived alone for many years in an apartment building on the Upper West Side. His friends were in shock on Friday about his death. They shared memories of an affable but private man who rarely spoke about his family or personal life.

Mr. Falzone had been recovering from a recent surgery and seemed more mobile and happy, said Marc Stager, 78, Mr. Falzone’s next-door neighbor on a tree-lined block of West 85th Street. He was known as a cheerful “yapper,” said Briel Waxman, a neighbor. He was the kind of New Yorker who enjoyed chatting with neighbors about historical details of his building and seeing performances at Lincoln Center with friends.

“He was always out and about,” said Ms. Waxman, 35, who often returned to her apartment at midnight or 1 a.m. to find Mr. Falzone arriving home at the same time. “I was like, ‘I don’t know if I’m proud of you or embarrassed of myself,’” she remembered telling him.

Mr. Falzone had wide taste in music — opera, classical, jazz, pop — and neighbors could tell he was home when they heard notes escaping from under his apartment door, Mr. Stager said.

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He was “a helpless old guy,” said Mr. Stager, who added that he was “disappointed and shocked, frankly, that somebody could do such a thing” as shove such a defenseless person down the stairs.

When Ms. Waxman moved into the building five years ago, Mr. Falzone was among the first people to welcome her, she said. He once brought a package to her door that had been delivered to the wrong unit and shared that what is now a blank wall in her apartment had once been a fireplace.

Ms. Waxman sat in her living room on Friday and cried as she talked, dabbing her eyes with a tissue. She remembered Mr. Falzone as “just overall, nice, talkative, genuine human.”

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Compare the Purported Epstein Suicide Note to His Writings

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Compare the Purported Epstein Suicide Note to His Writings

A suicide note purported to be written by the sexual predator Jeffrey Epstein while he was in jail in 2019 uses language that in some cases echoes his past writings to friends and family.

One phrase found in the apparent suicide note — “No Fun” — also appears on a handwritten page found in Mr. Epstein’s jail cell at the time of his death, as well as in emails he sent over the years.

And another saying in the suicide note — “watcha want me to do — bust out cryin!!” — appears in emails that Mr. Epstein had written to people close to him.

A cellmate claimed that Mr. Epstein left the suicide note before he was found unresponsive in their cell weeks before his death. The New York Times reported on the note last week and successfully asked a federal judge to unseal it.

If authentic, the note gives a view into Mr. Epstein’s mind-set before he was found dead at age 66 in August 2019. The New York City medical examiner ruled his death a suicide.

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A different handwritten note was found in Mr. Epstein’s cell when he died, and investigators believed it was written by him. In that document, Mr. Epstein complained about jail conditions — burned food, giant bugs and being kept in a locked shower. He concluded it with the underlined phrase, “NO FUN!!”

Mr. Epstein also used the phrase in emails when describing things he was unhappy about, or situations that had not gone his way.

Mr. Epstein used the phrase “watcha want me to do — bust out cryin” with friends, and in messages to his brother, Mark Epstein.

Like the note released by the judge, Mr. Epstein’s emails were often short, with staccato phrases and erratic punctuation. The emails were contained in millions of pages of documents the Justice Department released in response to a law passed last year requiring disclosure of records pertaining to Mr. Epstein.

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New York’s Budget Deal Is Still Hazy. Here Are 5 Key Questions.

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New York’s Budget Deal Is Still Hazy. Here Are 5 Key Questions.

It has become an article of faith in the New York State Capitol that when Gov. Kathy Hochul enters the Red Room on the building’s second floor to announce a budget agreement, the deal is actually far from sealed.

This year was no different.

Despite declaring that “today is the day” to announce an agreement on a $268 billion state budget, Ms. Hochul on Thursday acknowledged that several key initiatives — including a new tax surcharge on multimillion-dollar second homes in New York City — had been agreed on in principle, but that the details still needed work.

Even the top-line figure had not been finalized.

Lawmakers are fond of saying that the devil is in the details. But in the absence of the lengthy budget bills that include those details, which have yet to be printed and voted on, a host of unanswered questions remain.

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Here are five of them:

New York’s opaque budget process, which starts in January with the State of the State address and is supposed to be completed by April 1, has become far more than a negotiation over a fiscal document.

Governors have tended to use the budget to wedge in legislative priorities, wielding their leverage over billions of dollars to get their way.

Ms. Hochul has embraced this practice. And, in a re-election year, she wanted to convey to voters that she intended to stand up to President Trump’s immigration crackdown, help out New York City and lower costs for everyday New Yorkers.

She made that case on Thursday at a news conference flanked by several of her top aides. Notably missing were the leaders of the State Assembly and Senate.

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Not this week. The Assembly speaker, Carl E. Heastie, said on Thursday that it was “very premature” of the governor to say a deal had been reached. He would not even say that the Legislature had agreed to the $268 billion figure.

He complained about Ms. Hochul’s penchant for jamming nonfiscal policies into the budget and said he would not discuss such matters with his members until he had a better sense of the total amount the state would be spending.

As he spoke, members of the Senate and Assembly, who are currently not being paid, were wrapping up their legislative business for the week in a rush to return to their districts. They will be back in Albany on Monday; it is unclear what bill language, if any, will have been printed and distributed by then.

Mr. Mamdani, the mayor of New York City, campaigned on wresting more than $10 billion in tax increases from the state to pay for his ambitious agenda. That will not happen this year.

Ms. Hochul did accede to a new tax on second homes that targets the city’s richest property owners whose primary residences are outside New York City. The goal is to raise $500 million each year, which will go toward closing the city’s estimated $5.4 billion budget deficit.

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But she spurned the mayor’s request to make changes to a tax credit called the Pass Through Entity Tax that is used by some business owners. Mr. Mamdani had said that the measure, which was also backed by the City Council speaker, Julie Menin, could raise up to $1 billion a year in tax revenue.

Aside from tax increases, Mr. Mamdani’s overarching priority has been expanding child care in the city. Ms. Hochul’s budget does just that, with $4.5 billion allotted for child care and prekindergarten programs across the state.

It’s not the whole loaf, or even half. But Mr. Mamdani can point to that funding and say that he is advancing toward his goal of providing free child care for every New York City child under 5. And while the governor rejected his efforts to fund a program to make buses free, she directed more than $1 billion in additional aid to the city that, combined with revenue from the second-home tax and other proposed measures like delays in pension payments, could help Mr. Mamdani work to close its budget gap.

State lawmakers — and just about everyone else — are scratching their heads about the details of this tax surcharge, which Ms. Hochul proposed with great fanfare last month. The New York Times previously reported that one proposal being discussed would apply one tax rate to pieds-à-terre with values between $5 million and $15 million; a higher rate for ones valued between $15 million and $25 million; and an even higher rate for properties valued at $25 million or more, according to three people familiar with the matter.

How much the property owners would pay is still up in the air. Ms. Hochul said on Thursday that more details would be coming in the near future and that the tax would apply to units worth $5 million or more.

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Also being sorted out is how, exactly, the value of each co-op or apartment would be determined.

“It’s going to take some time to get to the right number to assess that,” the governor said, noting the city’s complex system for calculating a property’s assessed value.

“We’re looking at the difference between what is currently assessed but what is market value,” she added. “We’re working it out with the city. We have had some really good conversations.”

Facing pressure from the state’s largest public unions, Ms. Hochul has been trying to determine how to restore certain pension benefits that had been cut for public employees hired after 2012.

Any changes could end up costing the state hundreds of millions of dollars, while also saddling local municipalities and school districts with increased spending burdens. Several of the labor groups have prioritized lowering the minimum retirement age to 55 from 63.

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Ms. Hochul said on Thursday that the particulars were still being negotiated, but stressed that the cost to the state and local governments would be less than the $1.5 billion that has been requested by the unions.

“We are willing to look at this and make changes, but a much more scaled-back monetary proposal,” she said.

“We will release these numbers as soon as it’s absolutely done,” she added.

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