In the past, Colin Schmitt has criticized the changes in New York’s criminal justice law that affect bail and discovery. On Feb. 28, the Assemblyman arranged a press conference to call attention to a disturbing episode in New Windsor.
A level 3 sex offender entered a day care playground and approached two children and two employees. The adults contacted the police, and the intruder was arrested and charged with third-degree criminal trespass. Under the new law, he was released without bail.
“Enough is enough,” Mr. Schmitt said. “He could be back at the same place or at another location today or tomorrow.”
The Assemblyman stood at a podium in the dining area of New Windsor’s American Legion Post. About two dozen local officials stood behind him. A few of them were invited to speak.
District Attorney David Hoovler said the police did a nice job of investigating the case and alerting the community. But the potential victims were upset at having their contact information turned over to the defendant’s lawyer. In the past, the information would have been withheld until just before the trial.
“The new laws were well-intended,” Mr. Hoovler said, “but there needs to be some changes. We really have to trust our judges in a situation like this.”
Under Sheriff Ken Jones and Crawford Police Chief Dominick Blasko were of the same opinion.
Laws that work in New York City may not be appropriate for Orange County. Mr. Hoovler explained that released sex offenders have a hard time finding a place to live. New York City has designated housing for them, which makes them easier to monitor. In Orange County, the situation is different. Released offenders are often scattered across the county in motels and hotels.
“I could fix the system in five minutes,” Mr. Hoovler predicted, “by giving judges discretion and extending the discovery period…. New York City has ways to deal with this that don’t work here. One size doesn’t fit all.”
Cornwall Police Chief Todd Hazard attended the conference. “Reform was needed,” he said later in the day, “but not to the extreme. Things are getting backed up. The state went completely overboard.”
Assemblyman Schmitt returned to the podium at the end of the conference to sum up his position. “There’s more unification on this issue,” he reported “than on any issue I’ve seen in New York State. The governor has said we’ll see changes by April 1. But will they be window dressing or true changes?”
Then thinking of the playground incident, Mr. Schmitt made a concluding observation. “If [Senator] Bill Larkin was still here,” he said, “there’d be an emergency session of the legislature today.”
