
Assemblymember James Skouis, right (photo: @JamesSkoufis)
More than 30 members of the state Assembly have signed a budget letter to their Speaker, Carl Heastie, outlining an alternative version of the free college tuition proposal being championed by Governor Andrew Cuomo that they want Heastie to adopt for the chamber.
The Assembly members, all Democrats, aim to make Cuomo’s plan more inclusive of the middle class and to ease proposed aid restrictions for the students at New York public universities who stand to benefit from the program.
The letter, drafted by Assemblymember James Skoufis of Orange and Rockland Counties, recommends three changes to the governor’s Excelsior Scholarship, which Cuomo unveiled in January with the help of former presidential candidate and liberal icon Senator Bernie Sanders. It was the first and anchor proposal of Cuomo’s 2017 State of the State agenda.
Cuomo’s plan guarantees free tuition at city and state colleges for students from households earning up to $125,000 per year, and is designed to make college more accessible and improve graduation rates in New York State. While many low-income students are already eligible for significant state aid to afford college, Cuomo said his plan was to ensure many middle class students could also attend college tuition-free.
However, the governor’s plan has been criticized by college accessibility advocates for its restrictive four-year graduation requirements and “last-dollar” provision that supplements tuition costs only after Tuition Assistance Program (TAP) and Pell grants have been expended. Currently, students who are eligible for full tuition aid are not compelled to use Pell funds for tuition, rather they can be designated for books, transportation, and other college-related expenses. Many are mindful that tuition is not the only college cost and want to see the governor take that into account.
The Assembly members’ letter asks Speaker Heastie to include in the Assembly’s one-house budget a tuition plan that rejects the "last-dollar" component of the Excelsior Scholarship as well as the 15-credit per semester requirement. With Democrats strongly in control of the chamber, they have a solid chance to see their proposal included in the one-house plan -- which, along with the Senate’s budget proposal, is expected to be released later this month. The Senate is narrowly controlled by Republicans, who have been warm to Cuomo’s tuition-free idea, but expressed concerns about how it will be paid for.
The Assembly letter also recommends the scholarship be applied to students from households earning up to $175,000 per year.
“SUNY and CUNY campuses host an undergraduate population that totals nearly 650,000 students,” the letter states. “Additionally, over 160,000 students are enrolled in Open SUNY and earning online credits towards a degree. Yet, the Excelsior Program is projected to benefit only 32,000 students once fully implemented in fiscal year 2019-20. This amounts to less than 5% of the entire undergraduate population.”
Skoufis has proposed a similar “tuition-free New York” bill, which has been introduced in the Assembly every year since 2014, but the legislation never made it past committee. He says many middle class families are excluded under the current Cuomo proposal.
The Assembly member cited the example of a household with two full-time teachers, each of them earning an average of $77,000 per year. However, he noted, if they live in particular zip codes, they may face high living expenses or exorbitant property taxes. “If you have two teachers in your household, by any standard, that’s a middle class household. Yet, they are going to fall above this threshold and get zero help,” Skoufis told Gotham Gazette.
He also criticized Cuomo’s “punitive” provision that would drop students from the program if their course load fell below 15 credits at any point. According to Skoufis’ bill, students would be required to graduate a two-year college within three years or a four-year college within five years to remain in the program -- it is the equivalent of 12 credits per semester. “There needs to be some flexibility here,” he said.
The proposed changes echo some of the criticisms of the Excelsior Scholarship raised during last month’s joint legislative budget hearing on higher education. Deborah Glick, a Manhattan Democrat who chairs the Assembly higher education committee, said the committee intends to put forward its own proposal, one that addresses all aspects of the higher education budget and the way it impacts CUNY and SUNY schools.
“My feeling is we could perhaps utilize those resources in a way that would help SUNY and CUNY, if the goal is completion,” Glick said, in an interview, of state money that would go toward tuition-free college. “We want to look more broadly at how we can use the same amount of resources to assist a larger number of students to finish their degrees and to do so with little or no debt.”
Other criticisms, which have been raised by higher education committees in both chambers, concerned insufficient state funds going to the schools’ operating budgets, a proposed restriction on TAP funding for private colleges that increase their tuition more than $500, and a “punitive” tithing on money raised by CUNY foundations for tuition assistance.
The Skoufis-led proposal drew praise from advocates. "Fortunately, this plan recognizes the majority of students take more than four years to graduate and that most middle income families still need support beyond tuition relief,” said Kevin Stump, Northeast Director of Young Invincibles, in a statement. “However, while these proposed improvements are a big step forward, the state will still need to address the inadequacies of the Tuition Assistance Program."
In January, the Independent Democratic Conference, which is in a power-sharing coalition with Senate Republicans, released its agenda, which includes an expansion of the TAP. The IDC is at times able to sway the Senate GOP majority into adopting positions that may be more favorable to Democrats. The Assembly Minority also supports TAP expansion.
Prior to a February 15 deadline, Heastie, a Bronx Democrat, received hundreds of letters from legislators recommending measures to be included in the chamber’s one-house budget proposal, which will be discussed by the Assembly over the next two weeks.
Of the Assembly members’ tuition proposal, Michael Whyland, a spokesperson for the speaker, said, “We are discussing the issue with our members.”
When reached for comment, the governor's office stood by the Excelsior proposal, but did not indicate whether Cuomo would be amenable to the suggested changes. "Our goal is to provide as many New Yorkers as possible -- regardless of race or religion; gender or orientation; documentation or ability; Zip code or lineage -- the opportunity to go to college tuition free, and that goal is met with the Excelsior Scholarship program," said Cuomo's spokesperson Dani Lever via email.
A new state budget is due by April 1, which is the start of the next fiscal year. Cuomo is likely to insist that some version of his tuition-free program is in the final spending plan for the state’s 2017-2018 fiscal year.
The story has been updated to include a comment from Cuomo's office.
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by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette

New York City Hall
What to watch for this week in New York politics:
After a somewhat slow Presidents Day week in which both the City Council and State Legislature were out of session, this week is a busy one, with the Legislature meeting in Albany and a variety of City Council hearings, including the start of preliminary budget hearings.
Mayor Bill de Blasio is back in town after a trip to Atlanta where he was whipping votes for Keith Ellison for Democratic National Committee chair (Ellison lost to Thomas Perez, but will serve as deputy chair). The mayor's trip occurred just after he spent four hours on Friday with federal investigators in relation to the ongoing investigation into the mayor and his associates over whether government favors were promised or given to donors to the mayor's campaign or political nonprofit. De Blasio is set to make his weekly appearance on NY1's Road to City Hall Monday evening. The mayor will outline his much-anticipated new homeless-fighting vision on Tuesday afternoon - see details below.
Otherwise, there's a lot happening this week - see our day-by-day rundown below.
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The run of the week in detail:
Monday
At the City Council on Monday:
At the State Legislature on Monday: The Assembly Committees on Health, Aging, and Labor, and the Task Force on People with Disabilities, will meet at 11 a.m. to conduct a public hearing to “examine the growing need for home care and personal care, and to examine the obstacles to recruiting, employing, and retaining an adequate home care workforce.”
At 8 a.m. Monday, City Council Speaker Melissa Mark-Viverito will appear on the WPIX-11 morning news.
At 8 a.m. on Monday, the Queens Chamber of Commerce will host “Post Election Affordable Housing City Forums” at 1301 Avenue of the Americas in Manhattan, discussing the future of affordable housing under President Trump and Dr. Ben Carson as HUD Secretary.
Public Advocate Letitia James has several public events Monday: at 9:15 a.m., James will deliver remarks at 80 New York Avenue Tenant Demonstration in Brooklyn; at 10:30 a.m., James will deliver remarks at Congress Member Serrano and State Senator Serrano's Black History Month Celebration at Hostos Community College in the Bronx; and at 7 p.m., James will host a Lunar New Year Celebration at P.S. 124 in Manhattan.
On Monday at 11 a.m. on the southeast corner of 40th Street and 7th Avenue, "Assemblyman Jeffrey Dinowitz will be joined by colleagues, community leaders, and MTA supporters at this conference hosted by the Riders Alliance to voice their opposition to the proposed state budget cut of $ 65 million to the MTA. Assemblyman Dinowitz, chair of the Committee on Corporations Authorities and Commissions, which oversees the MTA, penned a letter to Governor Cuomo opposing the proposed budget cut. He will attend this press conference to stand up for his community, all those who depend upon the MTA, and to make sure promises made to keep the MTA adequately funded are kept."
At 11 a.m. Monday at The Door in Manhattan, Manhattan District Attorney Cy Vance will announce $58 million in grants for youth and family programs to prevent crime. "In Total, Grants to Fund 100 Community Organizations in Four Neighborhoods: East Harlem, Central/West Harlem, Washington Heights, and the Lower East Side."
Tuesday
At the City Council on Tuesday:
On Tuesday, the New York State Legislature will be in session.
Also at the State Legislature on Tuesday:
At 8:30 a.m. on Tuesday, the Queens Chamber of Commerce Transportation Committee will hold a meeting at the Queens Chamber Conference Center to discuss two proposed transportation projects: QueensRail and QueensWay.
At 9 a.m. Tuesday, "The workers who sort and process all of NYC's residential recycling will rally at City Hall ahead of a City Council hearing on a potential strike at the facility. The workers at Sims Municipal Recycling in Sunset Park are unionizing with Teamsters Local 210 and are calling on Sims to bargain a contract. A strike would bring chaos to the Department of Sanitation’s recycling operations." Participants will include Sims Recycling Workers, Teamsters Local 210, City Council Member Carlos Menchaca, Transform Don't Trash NYC, ALIGN, New York City Environmental Justice Alliance, New York Lawyers for the Public Interest, and Natural Resources Defense Council.
On Tuesday at 11 a.m. at City Hall, "Public Advocate Letitia James will announce legal action to ensure that all New Yorkers with disabilities have safe and reliable access to sidewalks and pedestrian pathways, as required under the Americans with Disabilities Act." James will be joined by Center for Independence of the Disabled, New York (CIDNY), Bronx Independent Living Services, Disability Rights Advocates (DRA), and Harlem Independent Living Center.
On Tuesday at 11:30 a.m. in Albany, "dozens of New York City parents will join with elected champions to rally in support of public charter schools being given equal treatment in the upcoming state budget. Parents will share their personal stories about their children’s life changing experiences in New York City’s charter schools and call on state leaders to treat their public schools fairly. Assembly Members Marcos Crespo and Robert Rodriguez will stand with charter families in front of the Great Western Staircase." The event is being organized by Families for Excellent Schools.
At 12 p.m. on Tuesday, City & State New York will hold its NYC Power 100 Luncheon. This is a “list ranking New York City’s most influential personnel,” and the luncheon will be the first place where this list is released.
Also at noon Tuesday, "Chancellor Fariña will visit Manhattan Bridges High School and make an announcement regarding bilingual education programs."
At 12:30 p.m. on Tuesday, the Manhattan Institute will host “Treating Serious Mental Illness In NYC: Can They Get The Help They Need?” Speakers Speakers include DJ Jaffe of the Mental Illness Policy Org, Dr. Gary Belkin of the New York City Department of Health and Mental Hygiene, Judge Matthew D’Emic of the Brooklyn Mental Health Court, and Muzzy Rosenblatt, CEO and President of BRC. NY1 anchor Errol Louis will moderate.
On Tuesday at 2:15 p.m. at Federation of Protestant Welfare Agencies in Manhattan, "Mayor de Blasio will deliver a speech outlining his vision and plan to combat homelessness." The mayor will not take press questions afterward, but, "Immediately following the speech, Deputy Mayor Herminia Palacio and Department of Social Services Commissioner Steven Banks will host a technical briefing to further discuss the Mayor’s plan," according to the mayor's office.
At 2:15 p.m. Tuesday, Gov. Andrew Cuomo will hold a public cabinet meeting at the Capitol.
At 5:30 p.m. on Tuesday, the NYC Campaign Finance Board’s Voter Assistance Advisory Committee will hold a public meeting at 100 Church St.
At 6 p.m. on Tuesday, the City Department of Education will holds its 2016-17 Educational Policy Meeting at Prospect Heights High School in Brooklyn.
At 6:30 pm on Tuesday, City Comptroller Scott Stringer will host “Trailblazers” at Mist Harlem, honoring African-American leaders Michael A. Hardy, EVP of the National Action Network; Bill Thompson, the former Comptroller; and LaKeesha Walrond, the executive pastor at First Corinthian Baptist Church.
At 6:30 pm on Tuesday, the Rev. Al Sharpton will take part in a discussion with the New School’s Maya Wiley on “key issues impacting civil rights, social justice, and criminal justice reform in NYC and nationally.” The event will be held in the John L. Tishman Auditorium at the New School’s University Center.
The New York State Joint Commission on Public Ethics will meet on Tuesday in Albany.
Wednesday
At the City Council on Wednesday:
The New York State Legislature will be in session on Wednesday in Albany.
At 8 a.m. on Wednesday, Crain’s New York will hold a breakfast forum with Stephen Banks, the Commissioner of the New York City Department of Social Services. At this event, Banks “will discuss the de Blasio administration's homelessness programs, public-assistance reforms and efforts to address poverty and income inequality.” The moderators will be Erik Engquist, Assistant Managing Editor of Crain's New York Business, and Nikita Stewart, reporter for The New York Times.
At 7 p.m. on Wednesday, the Brooklyn GOP will host two declared Republican candidates for mayor, Paul Massey and Michel Faulkner, for the mayoral election’s first mayoral candidate forum. The candidates will “present their vision for a better New York City;” the candidates will also have meet-and-greets with attendees. The forum will take place at Dyker Beach Golf Course & Catering in Brooklyn.
Thursday
At the City Council on Thursday: The Committee on Finance will meet at 9:30 a.m. for a preliminary budget hearing.
The New York State Legislature will be in session on Thursday in Albany.
At 6 p.m. on Thursday, Brooklyn Borough President Eric Adams will hold a public hearing at Brooklyn Borough Hall regarding zoning in Crown Heights.
At 6 p.m. on Thursday, Manhattan Borough President Gale Brewer will hold a public hearing on the Greater Midtown East Rezoning Proposal at Guttman Community College, 50 West 40th St on the ground floor.
At 6:30 p.m. on Thursday, Councilwoman Laurie Cumbo will continue her “Community Exchange Series.” At this event, Cumbo will talk about “Imagining the Future of Crown Heights through the Eyes of our Youth.” This event will take place at Medgar Evers College in Brooklyn.
At 6:30 p.m. on Thursday, City Comptroller Scott Stringer will host a Lunar New Year celebration at Flushing Town Hall, honoring Louie Liu, VP of the Brooklyn Community Improvement Center; Katherine H. Kim, executive director of YWCA Queens; JD Kim, managing director of the Korean Advocacy Council; and Yuh-Line Niou, NYS Assembly Member from the 65th District.
Friday and the weekend
At the City Council on Friday:
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by Ben Brachfeld and Ben Max
@GothamGazette

Cuomo, Schneiderman, and family members, July 2015 (photo: The Governor's Office)
About 19 months ago, Governor Andrew Cuomo issued an executive order that was hailed by many advocates and elected officials as a bold and unprecedented step towards police accountability.
Cuomo made Attorney General Eric Schneiderman a special prosecutor in certain cases of civilian deaths involving police officers. At the time, much of the country was focused on several high-profile examples of police killings of unarmed people, including Eric Garner in New York City.
The order aimed to have the Office of the Attorney General -- which Cuomo himself held from 2007 through 2010 -- bypass what many came to see as an inherent conflict of interest faced by district attorneys who are assigned to investigate and, when warranted, prosecute the very police officers they work alongside on a regular basis. The impetus, Cuomo said, was to restore faith in the criminal justice system.
“There’s a feeling that the system of criminal justice -- the officials in criminal justice system -- are too close to law enforcement. And that closeness is a conflict,” Cuomo said on July 8, 2015, when he signed the order during a special event at John Jay College in Manhattan. At the time, Cuomo was celebrated by those desperate for more police accountability. With the creation of a special prosecutor, the governor said, “the perceived conflict is removed.”
The December 2014 failure of a Staten Island grand jury to indict Daniel Pantaleo, the officer who had placed Garner in a deadly chokehold, had sparked a public outcry, and Black Lives Matter protests erupted across the country, including in New York City, accelerating a national conversation on race and policing. Following the grand jury decision, Schneiderman called on the governor to grant his office jurisdiction to investigate police killings of civilians, especially those unarmed when killed.
Cuomo’s acquiescence to Schneiderman’s request to be named special prosecutor for police-involved deaths of unarmed civilians was somewhat unexpected, coming after the governor agreed to meet with family members of unarmed men who died in confrontations with the police — including the mothers of Garner and Ramarley Graham, both killed by NYPD officers — to discuss criminal justice reform. Though the governor had initially prefered what he called a “more nuanced” approach, such as an office of "independent special counsel," which would review cases before referring them to a special prosecutor, he vowed to put Schneiderman in the role in the event that the Legislature failed to agree to a permanent bill.
Though there was little movement in Albany for a special prosecutor beyond activism — the governor had denied or ignored earlier requests for meetings with victims’ family members and no bill satisfactory to reformers had been introduced in either legislative chamber — police accountability advocates say they saw an opportunity to enlist the governor, who tends to seek issues that make him a national leader. Indeed, Cuomo said in a statement, “The justice system does not work without the trust of the people, so it was imperative that New York act to address the crisis of confidence that has been plaguing communities nationwide.”
Sitting next to Schneiderman on July 8, 2015, Cuomo was surrounded by leaders of both houses and other legislators of color from both the state Senate and Assembly, all of whom vociferously praised the governor for his bold action on a matter they had placed at or near the top of their priorities.
Over the course of the year-and-a-half since Cuomo signed the order, there have been more than a dozen police-involved deaths across New York State that have warranted examination by Schneiderman’s office. Nine have been determined to fall under the attorney general’s jurisdiction, with mixed results.
One case, a road rage-related incident in East New York, produced an indictment of the officer involved; three were thoroughly investigated and closed without an indictment (though in each case a detailed report, along with recommendations for reforms in procedure, was issued); and five cases -- two of them related to incidents in the Bronx -- are currently open, according to Schneiderman’s office.
Now, advocates and victims' families are pushing for the executive order to be written into law — both for permanence and to broaden criteria for cases that fall under the attorney general’s jurisdiction. As is being seen in Washington, D.C., any order signed by one executive can be rolled back by the next.
“There are things that we'd like to tweak,” said Monifa Bandele, a Vice President at Moms Rising and a member of the Steering Committee for Communities United for Police Reform, a coalition group in New York City. “Through that legislative process we can get some stronger language, broadening it, to make sure that more cases go to special prosecutor rather than fewer cases.”
There remains fairly muted opposition to the order, though critics may become more vocal were there to be a more formal push to see a special prosecutor enshrined into law. Republicans who control the state Senate are unlikely to pass such a bill, part of the reason Cuomo issued the order, and in the absence of permanent legislation, has kept the executive order in place.
Insulted by the suggestion that they might be reluctant to prosecute anyone deserving, including police officers, prosecutors of both political parties, including the late Ken Thompson, a Democrat and Brooklyn’s first black district attorney, criticized the order. “As the duly-elected district attorney of Brooklyn, I am more than able to thoroughly and fairly investigate any fatality of an unarmed civilian by a police officer,” Thompson said, according to The Observer. In subsequent appearances, Thompson softened his position, calling Schneiderman an "outstanding public servant," but questioning whether it made sense to appoint one special prosecutor over all of New York's 62 counties.
Calling the order “gravely flawed,” the state’s District Attorneys Association instead proposed its own reforms to increase transparency, such as publicizing the instructions given to grand jurors, creating ways for grand jurors to issue reports on the nature of evidence, and creating an independent monitor to review proceedings where certain police-involved deaths are investigated.
At the time, Schneiderman assured critics that taking on these cases was a temporary solution necessary to restore the public’s trust in law enforcement, a position his office has since reaffirmed. “We think the appointment of the attorney general as special prosecutor has been an important step, though we continue to urge the legislature to devise a permanent solution,” said Amy Spitalnick, a Schneiderman spokesperson.
The ambiguous language of the executive order leaves open many questions about jurisdiction. In nearly all of the nine cases, the attorney general sought clarifying orders from the governor, authorizing the agency to move forward, and Schneiderman’s office inevitably butted heads with local prosecutors over jurisdiction.
The bickering over jurisdiction has grown particularly heated in the 2016 case involving Edson Thevenin, who was fatally shot by a Troy police officer as he allegedly tried to pull away during a suspected DUI traffic stop. Schneiderman’s office maintains that local prosecutors convened a grand jury without the attorney general’s approval. The grand jury immunized the officer, who claimed he was being “pinned” by the car at the time of the shooting, according to reports. Schneiderman’s office sued Rensselaer County District Attorney Joel Abelove for the documents involved in the case, though Abelove maintains he would have agreed to hand them over had the attorney general asked.
In a rare move, Cuomo issued an order granting Schneiderman’s office the authority to investigate everything that happened in the case, including the actions of the Rensselaer County District Attorney’s office -- another stinging rebuke to district attorneys, who maintain that they are capable of fairly prosecuting police officers.
Abelove’s lawyer, John Bailey, says his client was told by a deputy attorney general at the crime scene that the case would not fall under the attorney general’s jurisdiction, because the vehicle was considered a weapon, though he admitted there was no formal letter granting local prosecutors jurisdiction.
“They indicated it very clearly to Abelove that they would not be taking jurisdiction over the case,” said Bailey. “What happened is that then somebody up the food chain decided, ‘Hey, wait a minute, let’s take a look at it.’”
The attorney general's office mantains that it sent Abelove a written request asking for evidence in order to help make a jurisdictional determination.
The case, as well as others and the ongoing politics surrounding the order, is reason for some that a permanent solution is needed.
For the most part, civil rights experts say Cuomo’s order is more comprehensive than any legislation proposed to date. A bill proposed by former Assemblymember Keith Wright, a Democrat from Harlem, passed the Assembly 82-47, but the Senate’s version, sponsored by Senate Minority Leader Andrea Stewart-Cousins, had only two co-sponsors and died in committee. The Assembly recently passed a 2017 version of the bill, sponsored by Assemblymember Nick Perry, which drew criticism from several members of the Republican minority.
Among the nine cases that the attorney general has investigated, the September grand jury indictment of an off-duty NYPD officer who shot and killed Delrawn Small in front of his wife and children in an East New York road rage incident on July 4, 2016 seems to most strongly justify the position that an outside prosecutor is necessary to obtain an indictment in police brutality cases.
Wayne Isaacs was charged with second degree murder and manslaughter in the proceedings overseen by the attorney general’s office after damning video evidence contradicted Isaacs’ story. Isaacs, 37, has been suspended without pay from the NYPD.
“In the absence of [permanent] legislation, the executive order is great,” said Johanna Miller, advocacy director at the New York Civil Liberties Union. “It's really the gold standard for a special prosecutor bill and has broader jurisdiction than any other bills that have been introduced. That’s why the families supported it, and we supported the families.”
Even when there wasn't an indictment, advocates say the attorney general issued a detailed report, communicated with the families, and issued recommendations. In one of the two cases that were closed, involving Raynette Turner -- the 42-year-old woman who died in a Mount Vernon jail cell after being arrested for multiple larcenies -- the attorney general’s office made recommendations to change the processing and arraignment process for arrestees, some of which were adopted by the Legislature during the last legislative session.
Like other advocates and community leaders, Loyda Colon, co-director of the Justice Committee, a coalition of families who have lost loved ones to police violence, called the executive order “an incredibly important and historic” step towards accountability. “Since the establishment of the special prosecutor, we have seen an unprecedented level of transparency regarding the investigations of police killings in New York, in stark contrast to the handling of these cases by local district attorneys,” she said.
However, in another high profile case, involving Deborah Danner -- a 66-year-old emotionally disturbed Bronx woman who was fatally shot in a confrontation with an NYPD officer in October 2016 -- the attorney general’s office determined that the case did not fall under its jurisdiction, prompting some critics to decry the executive order’s definitions as too narrow. At the time, investigators determined that Danner was armed because of the threatening manner in which she wielded a baseball bat during the confrontation.
“Ms. Danner's death is a tragedy that never should have happened,” Schneiderman said in a statement at the time. “From the moment my office received the news, our Special Investigations and Prosecutions Unit commenced a rigorous review of the evidence. I believe there is no question this case must be investigated. However, the legally empowered prosecutor must take the lead.”
This leaves the case to the Bronx District Attorney, Darcel Clark. Like Schneiderman, NYPD Commissioner James O’Neill quickly said that Danner should not have died in the incident. The matter remains under review.
By contrast, Ariel Galarza, a 48-year-old emotionally disturbed Bronx man, died of a cardiac arrest after an NYPD sergeant tasered him twice. Galarza reportedly threatened police with a glass hot sauce bottle prior to the incident. The case is under investigation by Schneiderman’s office.
The similarities -- and distinctions -- between the Danner and Galarza cases appear to provide additional grounds for those who want a special prosecutor to have jurisdiction over all police-involved civilian deaths, whether the deceased was armed or not.
It remains to be seen whether the 2014-2015 momentum for a permanent special prosecutor bill can be recaptured in 2017. The power dynamics in the Legislature remain unchanged since the November election, with a heavily Democratic Assembly and Republicans maintaining a slight majority in the Senate. Some elements of criminal justice reform, including raising the age of adult criminal responsibility in New York -- the state is one of only two that tries 16- and 17-year-olds as adults -- remain at the forefront of policy debates in Albany.
One issue, raised by Upstate New York lawmakers during the 2015 legislative session, was whether one prosecutor, based in New York City, should be charged with handling Upstate cases. There were more disagreements. “There were questions about credentials; there were questions about conflict of interest; and at the end of the day we did not pass a law. We did agree mutually that we would come back next year and pass a permanent law,” said Cuomo at the order signing.
There has been little mention early this year of special prosecutor legislation, though. The issue was absent from Cuomo’s six-part State of the State tour in January, but in his 2017 policy book, the governor has renewed his 2016 call for an office of "independent special counsel.”
At the 2015 signing of the executive order, Cuomo vowed to push aggressively for permanent legislation -- something his office says is still a priority in 2017.
“We believe the executive order is serving its intended purpose, while we continue to explore opportunities to advance comprehensive criminal justice reform through the legislative process,” said Abbey Fashouer, the governor’s press secretary. “The governor sought comprehensive criminal justice reform, including a permanent legislative special prosecutor, and will continue to do so.”
Meanwhile, Cuomo’s office of special counsel proposal has been criticized by criminal justice reformers and state legislators on both sides of the aisle, with critics saying it is redundant and would undermine the power of the special prosecutor.
"If you are going to have a special prosecutor, you should have it. You should not have a special person, with no resources to decide whether you should or should not send it to a special prosecutor," said Assemblymember Joe Lentol, a Democrat who represents North Brooklyn.
As with many controversial measures in the state capital, the future of special prosecutor legislation will depend in part on whether the Independent Democratic Conference -- an eight-member breakaway faction of Senate Democrats that conferences with Republicans -- decides to prioritize the issue.
The IDC did not include the special prosecutor bill in its legislative agenda for 2017. When asked if the IDC would back permanent legislation, IDC Leader Sen. Jeffrey Klein said the attorney general has performed well in the role. "Eric Schneiderman has done an outstanding job in looking into these cases in a timely and effective manner," said Klein, who represents parts of the Bronx.
Some criminal justice experts note that even if the executive order becomes law, it would not address larger systemic issues. For example, the reality that police are sent to address situations that should be handled by social service agencies, and that many deaths that seem problematic to the public are technically legal.
Alex Vitale, a sociologist and professor at Brooklyn College, says the criminal justice system relies too heavily on people with guns, and notes that the police regularly use lower levels of unjustified force with no repercussions or accountability. "The executive order only addresses a very small number of very extreme cases," said Vitale.
Vitale has argued at length that localities need to rethink how they respond to emergency situations, such as the Danner incident, by not sending police to deal with an emotionally distressed person.
Meanwhile, as the momentum for a permanent special prosecutor may have temporarily waned since 2015, advocates say, the climate is still ripe for serious criminal justice reform.
CASES INVESTIGATED BY ATTORNEY GENERAL SCHNEIDERMAN UNDER THE SPECIAL PROSECUTOR EXECUTIVE ORDER
(July 2015 through December 2016)
Indictment Secured – Brooklyn – Delrawn Small - Off-duty NYPD officer shot and killed Small late during a traffic dispute on July 4, 2016. There is video of the incident. The AG's office secured a grand jury indictment of the officer in September on charges of Murder 2 and Manslaughter 1.
Ongoing Investigation – Bronx – Richard Gonzalez – NYPD and EMTs took Gonzalez into custody after he brandished a weapon in front of police on March 17, 2016. Gonzalez was under the influence of multiple drugs at the time and was therefore put into an ambulance, rather than a police vehicle, when taken into custody. During the ride to the hospital, Gonzales suffered cardiac arrest and died.
Ongoing Investigation – Bronx– Ariel Galarza -- An emotionally disturbed man allegedly threatened officers with a hot sauce bottle when they arrived on the scene on November 3, 2016. An NYPD sergeant used a stun guy to subdue Galarza twice. He suffered a cardiac arrest and later died at the hospital.
Ongoing Investigation – Troy – Edson Thevenin (alleged DWI) – Thevenin was pulled over for a suspected DWI on April 17, 2016. Officers say that he tried to pull away after they approached his vehicle. An officer fired shots through Thevenin’s windshield, killing him. Officer claimed he was being “pinned in” at the time. AG office began investigation, but Rensselaer County DA nevertheless convened a grand jury without AG office approval, immunized the officer in question, and exonerated the officer. Everything that happened in the case, including the DA’s actions, is being investigated by the AG's office.
Ongoing Investigation – Washington/Dutchess County – Warren C. Corbitt - Corbitt was traveling by motorcycle October 14, 2016 when he fatally collided with the vehicle of a state trooper who was responding to an emergency situation at a nearby school. Police say the trooper had been driving with lights and sirens on. Corbit was pronounced dead on the scene.
Ongoing Investigation – Buffalo – Wardel Davis - Davis was stopped by two officers on February 7, 2017. Police said he tried to flee and fought with officers as he was arrested. As he was handcuffed, Davis, who was unarmed appeared to be in medical distress. Police officer administered CPR on Davis and he was transfered to the hospital, where he was pronounced dead.
Closed – Report Issued / No indictment Mount Vernon - Raynette Turner - Turner died in a jail cell after being arrested for multiple larcenies in the area on Tuesday, July 28, 2015. She was taken to the hospital during her stay at the Mount Vernon police department. Shortly thereafter, she died. AG issued a detailed report and made recommendations to change the processing and arraignment process for arrestees. The Legislature adopted some of these recommendations.
Closed – Report Issued / No Indictment - Yonkers – Miguel Espinal – NYPD pursued Espinal in a high-speed chase on the Saw Mill Parkway December 8, 2015. Mr. Espinal pulled a U-turn on the parkway and drove several hundred feet against traffic. He then drove off the highway, crashed his car, and started running (there was an outstanding warrant for his arrest). An NYPD officer pursued Espinal into the woods. According to the police officer, there was a scuffle for the officer’s gun, at which point the officer shot and killed Mr. Espinal. The officer was cleared of wrongdoing.
Closed – Report Issued / No indictment - Carmel (Putnam County) – Joseph Segiun (ie, Taser) – Seguin was beating his girlfriend when police arrived on November 30, 2015. He was reportedly under the influence of PCP at the time. He is said to have resisted arrest. Officers tased him several times in an attempt to restrain him. Seguin had a bad reaction and died.
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by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette
Correction: An earlier version of this article mistated the number of police-involved deaths that have been investigated by the attorney general since Cuomo's executive order was issued. The article has been amended to reflect these changes.