Freeport PBA Calls for Bail Reform/Discovery Reform Law Overhaul

Law Endangers Public and Police, Most Drug Offenses Still not "Bail Eligible"

October 29, 2021; Freeport, NY - Representatives from a group of law enforcement unions, including the Freeport PBA, gathered to demand an overhaul of New York State's dangerous "bail / discovery" laws in the wake of a Suffolk County Court ruling, which deemed a major component of the extreme State's bail and discovery laws that were passed in 2019 and 2020, unconstitutional. In specific, the New York State law that permits criminal defendants to seek a court order, which would grant them access to crime scenes, including an individual's home, has been deemed unconstitutional in a Suffolk County Court ruling. The union representatives' comments especially targeted the "cashless bail" law, which has left judges powerless in many cases to detain dangerous persons who have been charged with crimes as they await trial. While the law has been touted by proponents as a mechanism to remove wealth from the equation when it comes to detaining persons charged with crimes, the fact is that the law has resulted in the release of dangerous criminals, making our communities less safe. It has been reported that in the immediate aftermath of the law's passage, over 3,000 dangerous inmates have been released from one area prison, and those inmates have gone on to commit 9,000 new crimes. Killers, persons who have committed assaults, drug dealers who peddle death, gang members, serial perverts and burglars, among other dangerous individuals, have been freed due to the law.

Police unions represented at the press conference included the following:

• Nassau County Detectives-President John Wighaus
• Nassau County PBA-President Mike Spaddacini
• Nassau County SOA-President Ricky Frassetti
• Nassau Police Conference President Steve Cammer
• Freeport PBA-President Shawn Randall
• Sands Point PBA
• Suffolk County Detectives-President Dan Fitzpatrick
• Suffolk County SOA-President Jim Grunfelder
• NYC Detectives-President Paul DiGiacomo
• Port Authority-Detectives-President Don Conklin
• Port Authority-SBA Recording Secretary- Al Faraday
• Anne Donnelly, Candidate for Nassau County District Attorney
• and representatives of Sands Point PBA and Nassau County COBA

"The decision that has been reported recently regarding the unconstitutionality of a portion of the 'discovery law,' points out the complete failure of the entire package of extreme 'bail and discovery' laws that were passed in Albany. In particular, the 'cashless bail' law has been disastrous for law abiding citizens, and it has placed the lives of police officers in danger too," stated John Wighaus, President of the Nassau County Detectives' Association. "Our judges are forced to turn loose dangerous people because of this poorly considered law, and it just isn't right. We are here to demand a major overhaul of the law, and we will work with those who are committed to safe streets and safe communities."

The law enforcement leaders stated that the "cashless bail" law has made there job more difficult because of the recidivism of those arrested and released under "bail reform." Nassau County's 2020 recidivism numbers for bail reform arrests reveal a 11.4% rearrest rate in 2020. In specific, 10,333 Nassau arrests occurred in 2020. Of those arrests, 8,672 or 84% of those individuals were released without bail. Ultimately, 975 people were re-arrested. The majority of the re-arrests were for drug offenses.

Our judges are powerless to detain the majority of dangerous suspects because of the 'cashless bail' law," said Brian Sullivan, President of the Nassau County Correction Officers Benevolent Association. "The courts are forced to turn loose dangerous inmates who are free to wreak more havoc on the community after their release. Something has to be done."

While some Albany politicians boast about "tweaks" that have been made to the "bail law," the union officials decried even the updated "cashless bail" legislation as being dangerous and poorly considered. Indeed, the union representatives noted that a host of violent and dangerous crimes are still not eligible for bail. Some of the crimes that remain ineligible for bail include certain assault charges, including assault of a child by a day care provider. Vehicular assault in the 2nd degree and assault in the 3rd degree, stalking, menacing and reckless endangerment are not bail-eligible. Possessing child porn, failure to register as a sex offender, abandonment of a child, endangering the welfare of an incompetent or physically disabled person and obscenity are also not eligible for bail. Other non-bail-eligible offenses include prostitution in a school zone, killing or injuring a police animal, aggravated cruelty to animals and poisoning an animal. A host of firearms offenses, burglary and robbery offenses, unlawful imprisonment in the 2nd degree, arson, fraud, bribery and a host of drug offenses, including use of a child to commit a controlled substance offense, are also not bail-eligible.

"I am dismayed that a host of very serious crimes, including very dangerous drug offenses are still not eligible for bail because of the 'cashless bail' law that has been passed in Albany," said Michael Spadaccini, President of the Nassau County PBA. "It is time for a major overhaul of this law for the safety of the public and the police."

The union leaders also took the opportunity to officially recognize their choice in the District Attorney's race, Anne Donnelly. Anne Donnelly was a 32-year prosecutor, who resigned to run for the County's top law enforcement job. Donnelly has worked hand-in-hand with law enforcement, coping with the consequences of "bail reform." Indeed, Donnelly prosecuted a group of burglars who fled the country after a judge was forced to release them due to "bail reform." In total, Donnelly has earned the endorsement of 15 police unions in stark contrast to her opponents 2 endorsements.

Donnelly's opponent, Senator Todd Kaminsky, is a co-author of the "cashless bail" law. Despite his attempts to distance himself from the law, he was thanked on the floor of the state legislature for "putting the words on paper" to make the "cashless bail" law happen. He even admitted that he supported the law in its original form on News 12's Power and Politics Program.
"Anne Donnelly is the only person we can trust to be Nassau District Attorney," said Rick Frassetti, President of the Nassau County Superior Officers Association. "Anne is a career prosecutor, not a politician. Her opponent helped write the law that turned loose thousands of dangerous inmates onto our streets. Todd Kaminsky is too dangerous to be Nassau District Attorney."

"I appreciate the overwhelming support of the law enforcement community," stated Donnelly. "I will continue to work with law enforcement to develop strategies to cope with the so-called 'bail reform' law. And, I will go to Albany to lobby for a major overhaul of this ill-conceived legislation, which has made our County and state less safe."

At the press briefing, the law enforcement union officials outlined a number of instances in which police have been targeted by people who have been freed from custody because of the "cashless bail" law. One person mentioned by the union officials, Matthew Piscitello, allegedly firebombed a NYPD van on May 29th of 2020. The arson, criminal mischief and other charges with which he was charged were not bail eligible. A second incident involved a man, Damien Delfosse, who was arrested for making a terroristic threat against police. A January 23, 2020 news report indicated that the suspect was not held due to "bail reform." A final example that was cited by union officials focused on an individual, Aakif Charles, who was charged with second degree assault for attacking a police officer, 5th degree possession of stolen property, resisting arrest, petit larceny and obstructing governmental administration. This individual was free to assault the officers after being released as a result of bail reform for 5 previous offenses.

"The men and women who are charged with keeping our citizens safe are being targeted with impunity because of the so-called 'bail reform' law," said Dan Fitzpatrick, President of the Suffolk County Detectives Association. "It is time for the "cashless bail laws to be repealed or totally overhauled."

In addition to the danger to police and other law enforcement officers, the so-called "bail reform" law has made life less safe for the general public, according to the union leaders. The union officials pointed to numerous instances in which dangerous individuals have committed terrible crimes and have been released due to the "cashless bail" law. Some of the "bail reform" horror stories that were discussed focused on a baby killer, a man who shot and killed his girlfriend, a serial pervert who repeatedly exposed himself to children, members of a dog fighting ring who sexually tortured and killed helpless dogs, an individual with dozens upon dozens of arrests, drug dealers, a serial drunk driver who killed a young man and the now infamous "subway shover," among countless others.

"People are far less safe because of the so-called 'bail reform' law," said Shaw Randall, President of the Freeport PBA. "Killers, rapists, drug dealers and serial perverts who target children are free on the streets because of this disgraceful bail law."

"The law enforcement unions of our area are united in repealing or overhauling the dangerous 'bail reform' law that Senator Todd Kaminsky helped to write," concluded John Wighaus. "We are committed to working with Anne Donnelly to ensure the safety of our residents and to fix this dangerous law."

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