Police, NYCLU: New Laws Not Tied To Witness Killing In MS-13 Case

NEW CASSEL, NY — Law enforcement and county officials were quick to point to new, Democratic-led criminal justice reforms for leading to the killing of a witness in a case that authorities said involved members of the violent MS-13 street gang. But the county's top police official later walked back that claim, saying there was no link between the legislation and the brutal bludgeoning of Wilmer Maldonado Rodriguez, who authorities said intervened when MS-13 members threatened two boys in October 2018.

In December 2018, prosecutors obtained a protective order for Rodriguez, who was a witness in the case. But a year later, his name was given to defense attorneys under an order from the judge. The trial was set to begin Jan. 6, five days after new criminal justice reform legislation was set to take effect.

"After Jan. 6, a pattern of intimidation began," Patrick Ryder, the commissioner of the Nassau County Police Department, told reporters at a news conference.

On Jan. 30, a witness and victim in the case was shot at in New Cassel. Two days later Rodriguez was beaten again but managed to escape his attackers. A day later, his body was found beaten behind a New Cassel home. He did not survive the attack.

"We had a protective order that the district attorney put in place for over a year to protect that information. To protect our victims that's what we do," Ryder said. "That protective order, because of the new changes in the law, was lifted because the trial date was set for Jan. 6."

But Ryder later backtracked, telling multiple media outlets in a statement there was "no direct link between the death of Wilmer Maldonado Rodriguez and criminal justice reform."

New York's criminal reform legislation, which also banned judges from setting cash bail for people accused of non-violent crimes, has come under fierce scrutiny since going into effect Jan. 1. Numerous law enforcement officials, including Ryder, the Nassau County district attorney and the county executive, have criticized the laws and said it endangers the public.

On Thursday, the New York Civil Liberties Union called Rodriguez's death a tragedy, but emphasized it had "nothing to do with recent criminal justice reforms."

"New York's discovery law allows for protective orders, so that the identity of witnesses can be kept confidential,"Donna Lieberman, executive director of the organization, said in a statement. "In fact, the new law gives courts more power to grant protective orders, including when defendants have a history of witness intimidation and to protect informants. In this case, the judge could and should have retained the protective order."

Lieberman called it "irresponsible" for officials to mislead the public about the case.

Justin Harrison, policy counsel for the NYCLU, told Patch on Thursday there is nothing in the new discovery law that compelled the judge to lift the order or prosecutors not to ask for the order to be retained.

"The judge had discretion, especially with an order already in place, absolute discretion to leave that order in place right up until the eve of trial," Harrison said.

Under the old law governing the so-called discovery process, prosecutors had to identify witnesses on the eve of a trial, making it difficult for defense lawyers to adequately prepare.

"It was what the defense bar referred to as 'trial-by-ambush,'" Harrison added.

Under the new laws, witness information became discoverable on the same timetable as everything else, on or about 15 days after arraignment. All discovery evidence, such as documents and testimony must be handed over at the same time, fairly early on in the process and before any potential plea deal.

Recognizing potential witness safety concerns, the legislature strengthened the protective order provision. The court can grant a protective order by, among other things, showing "good cause" — such as in gang-related cases.

"The new law added a specific provision about witness safety," Harrison said. "It added a specific provision about a defendant's prior history of witness intimidation. And it added a defendant's substantiated affiliation with a criminal organization. Which in this case, MS-13, one could argue, is a widely recognized criminal organization."

Madeline Singas, the district attorney, said the assault case underscores the importance of protecting witness names and victims.

"We will bring everyone associated with this horrific murder to justice," she said.

In a statement Tuesday, County Executive Laura Curran called Rodriguez's death tragic.

"I want to send my deepest condolences to the family of Wilmer Maldonado," she said. "This is a tragedy. I am calling on Albany to take corrective action to fix criminal justice reform immediately."

New discovery requirements put victims and witnesses of crimes at risk, Curran said, and some may now be reluctant to report crimes or talk to law enforcement.

"We cannot let another murder happen because a witness may have been disclosed," she said.

She added: "Change this law now!"