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Closing of Subway Booths Raises Safety Concerns


token booth
Photo by BKabak

In the wake of judge Saliann Scarpulla's decision that the Metropolitan Transportation Authority could not fire 260 token booth clerks and close subway station booths, the agency continues to move ahead with its plan, saying it must enact these measures to close its $800 million budget gap.

On June 4, Scarpulla, a state Supreme Court justice, decided that the MTA had closed the 14 revenue booths and 42 station Customer Assistance booths and laid off workers illegally due to them not having public hearings prior to taking action. The ruling also called for the MTA to rehire the laid off workers and reopen the closed booths.

For the Transport Workers Union, Scarpulla's ruling is bittersweet, since the clerks remain out of work and the booths closed while the transit authority appeals.

"The battle is long from won and unfortunately, despite several court orders favorable to our position, the MTA is successfully using delaying tactics," said Jim Gannon, spokesman for Transport Workers Union 100, which represents subway workers.

The MTA insists that the layoffs are necessary. "These closures were necessitated by the MTA's dire financial situation, and the need for the savings they generate remains," the agency said in a statement.

Safety Under Ground

Critics of the move, however, contend the closings will make subways station more dangerous places. "What the MTA is doing is bad for everyone except the swipers, muggers and terrorists. Riders understand this," said Gannon. "They hate booth closings."

The MTA declined to answer questions concerning possible safety concerns.

Ann Francis, a 68 year-old passenger who attended a recent union rally outside MTA headquarters, believes that the transportation authority board does not recognize the potential safety concerns. Calling the situation "nerve racking," she said, board members "don't represent people who ride transit."

"We do not just sell metro cards, we save lives," said Balwant Jaswal, a laid-off station agent who recalled times when she has had to call the police for passengers who have been stuck in elevators, separated from their parents or even fallen on the tracks. "If I wasn't there, nobody would be there to call the cops," she said.

"We aid in arrests. We are an extension of the NYPD," said Maurice Jenkins, a TWU vice president with the station agents division.

City Councilmember Peter Vallone, who is chairman of the Public Safety Committee, concurred with the safety concerns. The police department, he said, does not have additional officers to assign to the transit system. "The police are down to 35,000 officers," he said.

In response to such concerns, the State Senate this week passed a bill that would bar the transportation authority from laying off any more token clerks or running subway trains without conductors for three years or until completion of a report on subway safety. While the authority opposed the measure, its sponsor, Sen. Martin Dilan said, " "I really don't want to micromanage the MTA, but sometimes public safety trumps everything."

The layoffs have had another unintended costs, according to the union. Overtime expenses have reportedly risen as the authority needs clerks to work extra hours to staff booths.

An agency spokesperson, Paul Fleuranges, told the Daily News that the agency was still coming out ahead. "While we are spending overtime to cover overnight and weekend shifts, that overtime is less than what we would have paid in regular pay plus benefits," he said.

The Next Moves

New York Public Authority Law 1205 states that no closing of a booth can take place except during renovation and/or during an emergency, unless a public hearing has been held. The Metropolitan Transportation Authority now reportedly expects to hold hearings this month.

According to the TWU, the MTA plans to hold a pro forma session and not rehire workers who have been laid off.

In its statement, the authority said it will appeal the judge's ruling as well as "proceeding on a parallel track with the public hearing process. … The MTA Board authorized the public hearing process to move this vital cost-saving initiative forward."

Vallone places much of the blame for the current situation on the state government. The state last year took about $140 million from the MTA and transferred it to the state's general fund.

"Albany took the money from the MTA. Stopped MTA funding," Vallone said.

Whoever they might blame, the station agents continue to fight for their jobs.

"Now I have to pay for a mortgage. It's very hard for me. I don’t know what to do," said Narinder Singh, who was a station agent for two years before being laid off on May 11. He said the workers were given only 12 hours' notice, something he likened to "a human rights violation."

Jenkins, a station agent himself for the past 29 years, described the day for his fellow workers as one of the worst in his life. People came to him in tears after being called to a city school and told to turn in their equipment and given a seven-day metro card.

"I keep thinking this is all a dream," said Jaswal.

Following Brutal Crime, Flushing Looks Out for Its Safety


flushing
Photo by Meg McCarron
A brutal rape and murder this spring has prompted some Flushing residents to wonder about the safety of their neighborhood.

Susan Ma does not like to go out at night in Flushing. In fact, she always tries to get home before dark or asks her husband or friends to drive or to walk with her.

She grew even more concerned after she saw the news about the recent rape and murder of Yu Yao, a 23-year-old Chinese woman, on 41st Road, just blocks away from her house on Main Street and Franklin Avenue.

"There are too many people here, too many different kinds of people," said Ma, a native of China who moved to Flushing two years ago. "Every woman has to be aware when they go out at night."

When Ma read about a free self-defense class in the Chinese-language Sing Tao Daily, a popular Chinese-language newspaper, she immediately signed up. The class was prompted by the brutal attack on Yao. The suspect is 28-year-old Carlos Salazar Cruz, a fish market worker who is charged with second-degree murder.

Many people in this primarily immigrant community were shocked by the violent attack because Flushing is generally considered a safe area. According to police statistics, there were three murders, 13 rapes and 276 robberies in areas covered by the 109th Precinct in 2009, while nearby Elmhurst and Corona had six murders, 32 rapes and 332 robberies. In the 115th Precinct, which covers East Elmhurst, North Corona and Jackson Heights, there were four murders, 24 rapes, and 435 robberies.

Although many saw Yao's murder as an isolated incident, the community has not taken it lightly. Several local martial artists and community groups have started offering free self-defense classes. A volunteer neighborhood watch group has been patrolling downtown Flushing and giving out whistles in the hopes of raising safety awareness and fostering a community spirit where residents will look out for one another -- and speak up.

A Good Defense

The self-defense classes, which began in late May, are taught by Simon Li of the Asian Cultural Federation and Wing Yu of the Wing Chun Ip Chun Academy. Each class meets for one hour per week and lasts four weeks. So far more than 30 people have signed up and two classes are in session.

"People were not so interested in learning self-defense before the murder," said Li, a martial artist and a native of Hong Kong who has been teaching martial arts in Flushing for 15 years. "After the newspapers did a report on us, our phone has been ringing off the hook."

The primary goal of the class, Li said, is to teach the students how to handle attacks s and escape. He said more classes will be offered by his fellow martial artists in other boroughs.

Many students in the class find it helpful.

"Since we women have no strength, we learned how to twist their arm and borrow their strength to push them away," said Annie Fung, a housewife in her 50s and a native of Hong Kong.

Jane Wu, 65, a native of Hong Kong and a longtime New York resident, travels from midtown Manhattan to attend the class. She remembers being robbed on the Lower East Side many years ago and was saddened by Yao’s death.

"If she had learned how to defend herself, maybe her life could have been spared,” said Wu.

On Patrol

The volunteer group, led by Michael Chu of the Council of Chinese-American Associations, officially kicked off the patrol on May 24. Every evening five or six members of the group are dispatched to patrol the residential neighborhood between Main Street and College Point Boulevard from 8 to 10 p.m.

Chu sees certain residents of the area as being particularly vulnerable. "Immigrants tend to be easy targets," he said. "They don't speak English well. They don't report to the police. They carry cash more often, and they are less resistant."

The 109th Precinct runs an auxiliary police program, but it requires fluency in reading and written English and permanent residency or citizenship, preventing many people in Flushing from joining.

"Many people in the community wanted to join the auxiliary police but they have language issues," said Chu, who hopes to work alongside the 109th Precinct.

Interest in community safety appears high. "So far we already have about 140 volunteers," said Chu, who has given out more than 500 whistles and is ordering additional 5,000 from China. "We are hoping to get at least 300 to 500 volunteers so this patrol will continue far beyond this tragedy."

Speaking Out

While Yao's murder might have been an isolated incident, her death raised the question of whether Asian immigrants don't speak up when they see something amiss. Local Chinese newspapers reported she was spotted wrestling with her killer before she was dragged into a back alley but no one helped her. The 109th Precinct said they received only one phone call about the attack, and so far only one witness has come forward to identify the killer.

(For a report in Chinese on the response, go here.)

Ki-soo Kim, the 109th Precinct's community affairs officer, said immigrants should not be afraid to contact the police. "We are not part of the federal government, we don't enforce immigration law," he said. Kim added that Mayor Michael Bloomberg's Executive Order 41, which requires that police keep the immigration status of victims and witnesses of crimes confidential, would bar police from reporting an undocumented immigrant who told them of a crime.

Elected officials also urged the public to report to the police when they see something unusual.

"If you see something, say something," said Peter Koo, Flushing's City Council member, borrowing the popular Metropolitan Transportation Authority slogan.

Grace Meng, Flushing's state Assembly member who helped Yao's mother obtain a visa to come to New York and accompanied her to court hearings, urged the public to report crimes to the police.

"When we are asked as representatives why we don't have more police presence, if you don't report it, the NYPD doesn't have the statistics, then we can't ask for more police on the street," Meng said.

She also attributed the lack of action from bystanders to the transient mentality common in immigrant communities.

"Our culture needs to improve. … If you community is not safe and the streets around you are not clean, then it does directly affect you," said Meng. "Some people might not see this as their home. They see it as a place to make money and send home. It is disappointing. … America is our new home, and we have to treat it as such."

As the community delves into soul-searching, people fend for their own safety by being alert and stay out of harm's way.

"In this tough economy, some people might turn to criminal acts out of desperation," said Fung, the housewife. "When you see strange people around you, go to a place where there are more lights and more people."

Larry Tung is a Brooklyn-based journalist and media artist.

Bail Presents Tough Choices for Parents, Judge


Photo byludwg

The purpose of bail in criminal cases was made clear last month at the United States courthouse in Brooklyn. The proceedings there also underscored what can happen when a defendant decides to abscond and forfeit bail.

In 2009, Ilya Pevzner was out on bail following a 2008 arrest on federal charges of impersonating an FBI agent and a Secret Service officer. His parents wanted to do everything they could to keep their son out of jail, if only temporarily. That meant posting bail as security to guarantee his return to court. But when Pevzner failed to appear before Judge Raymond Dearie on Oct. 16, 2009, his absence caused his parents to lose their home.

The System for Release

Soon after arrest, a criminal suspect is brought before a judge for arraignment and is formally advised of the charges. In most cases, the judge sets bail. The purpose of bail, as established by the United States Constitution, is to insure that the accused will return to court for trial and any other proceedings. The guarantee is backed by the defendant or defendant's family or friends, or by a professional bondsman who post money, property or a bond. If the defendant does not return, the money or property is forfeited.

In setting bail, the judge considers such factors as the defendant's criminal record, the seriousness of the crime and whether the arrested person has the ability, resources and motive to flee. But these points are to be considered in the context of one question: Will this person return to court? In theory, at least, the amount of bail is not based upon the gravity of the crime or the accused's record. Instead, the judge tries to predict the likelihood, considering all the factors, that the individual will return to court to face the charges, or whether he or she might abscond.

Bail is not meant to be punitive or to be set at an amount the defendant cannot possibly raise, making pre-trial detention inevitable. While there are some crimes, such as homicide, where judges usually do not grant bail, in many other instances the judge requires no bail and the individual is released and given a date to return. When bail is required it is usually high enough so that, if the defendant fails to appear, the cost to the defendant or others will not be inconsequential. Indeed, the loss can be enormous, as it was for the Pevzners.

Supporting Their Son

At an Aug. 12, 2008, arraignment, Inna Pevzner, the defendant's mother, voluntarily signed a bond guaranteeing her son's return to court. It was a type of IOU, meaning she would owe the government $50,000 if Ilya, then 29, did not return to court as directed, or if he failed to comply with certain other conditions, including attending a mental health clinic.

Even though he had returned to the federal court, he was arrested twice by New York City police between August and October, 2008, for identity theft and grand larceny. The judge therefore concluded that the additional charges made Pevzner a "flight risk," and remanded him. In other words, he was locked up.

At the next federal court appearance, five months later, defense counsel informed the court that his client's parents, Inna and Mikhail, would be willing to post even greater security, if it meant that the judge would release Ilya pending trial. Dearie granted that request and increased bail from $50,000 to $250,000, secured by the family's home.

The judge warned parents and son, "The last thing in the world I want to do is to see two hard-working people lose the family home. But that's exactly what happens if defendant doesn't abide by the terms."

Since the equity in their home was only $200,000, the Pevzners signed another security bond for the balance, $50,000. A lien was placed on their New Jersey home, and the parents were advised that the government could seize their bank accounts, future wages and any other assets if their son failed to appear. They spoke and understood English and signed the documents.

In June 2009, a jury found Pevzner guilty of the federal charges. He was allowed to remain out on bail and he was scheduled to return to court in October to be sentenced and probably incarcerated. Once he was sentenced, bail would be canceled and the lien against his parents' home would be removed.

The Consequence of Flight

Ilya Pevzner, however, did not return to court for sentencing. Not only did he fail to appear, he sent the judge a letter saying that he had left the United States and had gone to Russia, his family's country of origin. At the end of 2009, bail was declared forfeited, but the judge postponed seizure and sale of the house to give the defendant an opportunity to return to this country and to Dearie's courtroom before his parents lost their only real asset: their home.

The parents, arguing that their son was mentally ill and "erratic," then sought to have their bail liability reduced. Dearie denied their application.

"The Pevzners' decision to sign the bond and put their home up as collateral was motivated by their love for their son, and it must have been very difficult for them to objectively consider the risks involved, " Dearie said "[But] . . . it is important to the credibility of the bail system that courts do not relent just because of any hardship visited on caring and concerned parents. Here, the Pevzners were repeatedly warned that if their son violated the conditions of the bond, they would owe the entire bond. . . . To now allow remission while defendant is at large would undermine the integrity of those proceedings."

The judge's final words in the case of USA v Pevzner were, "Without question, the court is presented with an unpleasant task. Having waited inordinately long for the defendant to return to prevent the hardships of forfeiture, the court is restrained to act to ensure the effectiveness and credibility of the bail system. Pretrial release serves the interests of all concerned and can only be implemented if the conditions of release are enforced. I hoped, and waited, for a different resolution to this matter. But I have waited in vain."

In the meantime, on an average day, there are 13,362 inmates in New York City jails, most of whom are awaiting trial or other disposition of their cases. They remain in custody unable to make bail.

Emily Jane Goodman is a New York State Supreme Court Justice



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