Senate Majority Leader Andrea Stewart Cousins defends proposed changes to the newly enacted bail reform, while Assembly Speaker Carl
Heastie encourages folks to avoid rushing to conclusions.
➤ BAIL REFORM, from p.17
changes could also be looming, per Newsday, such
as giving prosecutors more time to submit discovery
evidence to defense attorneys. The concessions
follow intense backlash from conservatives and
police unions during the time since bail reform
instituted.
The Stonewall Democratic Club of New York City,
the Jim Owles Liberal Democratic Club, Lambda
Independent Democrats of Brooklyn, the Lesbian
& Gay Democratic Club of Queens, New York
City Pride and Power, which serves the Black and
Latinx communities, the Hudson Valley Stonewall
Democrats, and the Stonewall Democrats of
Western New York were quick to condemn those
leading the effort to compromise on the reforms,
stressing that the criminal justice system disproportionately
affects queer individuals — especially
LGBTQ communities of color.
“Pre-trial detention puts lesbian, gay, bisexual,
transgender, queer, and gender non-conforming
people at risk,” the letter stated. “Like other marginalized
populations, LGBTQ individuals often
are disproportionately criminalized, and unable to
pay bail, forcing them to face jail time. In jail, they
face horrifi c abuse, assault, and even death. LGBTQ
people are also held in immigration detention
due to low-level criminal convictions. To avoid jail
time, LGBTQ people make plea agreements which
further entrap them into further arrests and incarceration,
and for LGBTQ immigrants, even deportation.”
Layleen Xtravaganza Cubilette-Polanco, a
transgender woman being held on Rikers Island
because she could not afford the $500 bail set in
her case, was found dead in her “restrictive housing”
cell last June after a seizure caused by her
TWITTER/ @ANDREASCOUSINS
epilepsy, a condition authorities knew she had.
Speaking directly to state lawmakers, the clubs’
letter continued, “We call on the New York State
legislature to recognize the intersection of advancing
a more just legal system with our broader LGBT
rights movement. During this heightened political
moment, we need our elected leaders to stay the
course and we remind them that the Stonewall rebellion
was resistance to a carceral state, which
attempted to over-police our communities.”
While Senate Majority Leader Andrea Stewart-
Cousins of Westchester was quoted by Newsday
as defending the rollbacks, saying that the proposed
change “gets to the heart of the issues and
that it is still progressive,” Assembly Speaker Carl
Heastie of the Bronx stressed that it is important
to give bail reform a chance before rushing to conclusions.
He has been critical of media outlets sensationalizing
stories in ways that perpetuate fear
about bail reform.
The Legal Aid Society, Bronx Defenders, New
York County Defender Services, Brooklyn Defender
Services, and the Neighborhood Defender Service
of Harlem released a joint written statement
saying that they “adamantly oppose” any changes,
arguing that the new proposal would amount to
“creating a much more regressive system for pretrial
detention… If enacted, this proposal would
dramatically increase the number of people languishing
in jail who are presumed innocent.”
LGBTQ groups ultimately hope New York, with
proper reforms, can serve as a model for other
states aiming to make similar changes.
“The nation is watching as this transformative
bail and pretrial justice vision is put into practice,”
the queer organizations noted in their letter. “The
LGBTQ community nationwide will benefi t from
New York’s bold action if it is sustained.”
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