Along with bail reform, there's costly new discovery rules




Criminal justice law changes adopted last year by the new Democratic progressive majority in Albany were not just confined to bail reform.

Besides eliminating bail for most crimes, the new laws also require prosecutors to turn over their evidence against a suspect no later than 15 days after arraignment--which is when the accused is brought before a judge, advised of the charges and asked to plead guilty or not guilty.

And that new deadline will raise taxes, Freeport Mayor Robert Kennedy is warning. He is asking  residents to sign an online petition to stop the new discovery rules.

The required "discovery" material includes the names and contact information for any person with knowledge about the case, the names of all police and law enforcement personnel involved, witness statements, 911-recordings, search warrants, an inventory of seized property, any evidence that is favorable to the suspect and any other evidence associated with the reported incident.

The new rules also allows suspects to get access to the locations where they allegedly committed the  crime -- including a rape victim's bedroom -- to inspect and photograph the site.

The new provisions intimidate victims and witnesses, who may choose not to report a crime if they think the suspect will be immediately released under bail reform and given their address. Already, one New York City victim caught on video being attacked by a gang has refused to file charges because of fears the gang would go after him again.


The new rules also are expensive. Many district attorneys and mayors across the state have said the advanced discovery procedures will force them to hire additional staff to speed the information gathering that must be released to the alleged offenders.

Freeport Mayor Robert Kennedy is one of the municipal officials who have warned that advanced discovery will cost his residents money. According to the flyer posted on "stopthediscoverytax.com", the new rules could force a 5.7 percent tax increase.


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