It didn’t take long for in attack on Rep. Lee Zeldin during campaign event become latest Flash point in political fight over New York bail laws.
hours after attack last week, Mr. Zeldin, Republican candidate for governor of New York, whose criticism over Democratic-led changes to the bail law key issue in his campaign, said on Twitter that he expected the man to be arrested in in attackDavid Yakubonis, go free.
He then spoke for a long time when his prediction came true, emphasizing in news conferences and TV appearances how The release of Mr. Yakubonis without bail is an example of the problems with bail law.
But almost immediately of Political allies of Mr. Zeldin have raised questions about the incident. Many Democrats took over on relationship between the nominee and Monroe County District Attorney Sandra Dorley, who just recently this week it was stated on Mr Zeldin website how campaign co-chair. They noted that the sheriff who charged against Mr. Yakubonis, Todd K. Baxter of Monroe County was also vocals opponent of bail law.
And finally, they wondered why Mr. Yakubonis was charged with second, attempted moderate assault, a charge that is not eligible for bail, effectively guaranteeing that he will be released, as Mr. Zeldin predicted.
“I have no idea why the prosecutor won’t charge more serious crime,” said Charles D. Lavin, Democrat who serves as a chair of judicial committee of the Assembly and is former criminal defense lawyer. “Here’s a situation where someone attacks elected official with weapon. Could it be – like some people it is assumed that the accusation was made in such way relatively allow Zeldin will complain about the bail law in state of New York? That I’m not know”.
State Assemblyman Demond Meeks, a Democrat from Rochester, went even further, saying he was surprised by the “lighter” accusation given reputation as an “aggressive” prosecutor and said the case was “definitely a political ploy”.
No evidence was found that the charge was chosen for ensure The release of Mr. Yakubonis, exacerbating the situation of Mr. Zeldin. campaign message. Several criminal Monroe County Attorneys Say Charge Was Appropriate Given Details of in attack on 21 July.
As well as in interview, sheriff’s investigator office who filed charges, Jeffrey Branagan said the district attorney had not received any information. office except to tell him that the accusation is wrong for pledge.
representative for Sheriff’s office Sergeant Mike Zamiara, said on Tuesday that the sheriff office was “in the know of some controversy around this case.”
However, he insisted that “the sheriff office does not have dog in this is fight and we don’t want to be in It. There was no attempt to influence anything here.”
press secretary for Mr Zeldin said in statement that Ms. Dorley did not participate in charging the decision, stating, “It is our understanding that District Attorney Sandra Dorley has not, is not, and will not with accusation of this case because of her friendship with Congressman Zeldin.”
The episode started at campaign stop near Rochester on Thursday, when a man identified by police as Mr. Jakubonis approached Mr. Zeldin as he was making a speech. In video of meeting, Mr. Yakubonis seemed to express his left hand on candidate’s shoulder, then move his right hand in which he squeezed with a plastic pointed key chain in shape like feline head, in in direction of Mr. Zeldin’s chest, saying “It’s all set”, several times.
Mr. Zeldin seemed to be holding it off easily, and the man was quickly thrown to the ground, dragging the candidate with him. with his. Mr. Yakubonis was charged by Sheriff Baxter. office later that evening; Mr Zeldin was unharmed.
Sheriff Baxter was outspoken in his opposition changes to the state bail law, which went into effect effect in early 2020 and since then twice corrected. the Democrats accepted the changes that prevented people from detention in jail for relatively minor crimes. (More serious crimes, including violent crimes, remain right to bail.)
Laws opponents said changes led to an increase in crime data did not show that this was the case, and the researchers say that, given that the law coincided with offensive of pandemic, years will pass before it full effect can be determined. But with some categories of crime rising, more people were charged, released and re-arrested by providing ammunition for laws critics.
In November 2019, Sheriff Baxter wrote an opinion piece calling for on the state to repeal the law before it went into effect effect and claiming that public will be shocked by the negative impact that this law will have on in safety of our communities.” And the day after Mr. Yakubonis attack, sheriff announced on Twitter that he cleared his calendar to discuss the “fix” criminal justice reforms with legislator of any state who was interested.
Mr. Branagan said he did not speak to the sheriff prior to his decision to charge. against Mr Yakubonis.
He said he had arrived at the scene. of in attack and interviewed Mr. Zeldin as well as some of his staff about what happened. He had not previously spoken to Mr Zeldin, the congressman representing Suffolk County. on Long Island and said he didn’t know who candidate was.
After completing his investigation, Mr. Branagan made three calls to the district attorney office. first two belonged to Perry Duckles, Miss Dorley’s second-in-command, who had been told by Mr. Branagan that he planned to indict of attack attempt in in second degree.
At that time of them second call Mr. Duckles had just reported that two policemen were shot dead in Rochester. So he asked Mr. Branagan to direct any further talk of the case to Matthew Schwartz, Chief of District Attorney’s Major Crimes Division.
During a call with Mr. Schwartz, Mr. Branagan confirmed with Mr. Schwartz that the charge is not subject to bail.
Mr. Branagan said that this was not unusual. in Monroe County for sheriff office bring such accusations without the presence of the prosecutor and lawyers who practice in criminal the court agreed.
However, the District Attorney’s connections to Mr. Zeldin have come under scrutiny. in The case of Mr Yakubonis. Callie Marianetti, press secretary for Ms. Dorley stated that the District Attorney was not personally involved in any talk about charging against Mr Yakubonis and how of Friday, decided to withdraw from the case. (Mr Zeldin, on On Monday, he said that Ms. Dorley had recused herself. in “instantaneous decision”after the attack, according to the Albany Times Union.)
Miss Dorley, Mr Duckles and Mr Schwartz were not made available for comment.
Ms. Marianetti added that Miss Dorley stopped consulting Mr Zeldin campaign in Spring. She said it was because there had never been any official documentation of Miss Dorley’s status. role was not “official conclusion” from campaign. In an email statement later on Thursday Miss Dorley office stated that he had informed Mr. Zeldin of her decision don’t get involved in his campaign on April 28th.
Defense lawyers and former prosecutors who practice in Monroe County said the charge of attempted assault was appropriate given the specifics of of Mr Yakubonis attack on Zeldin, and that they did not see anything obviously suspicious in the circumstances in to whom it was submitted.
Jill Paperno, who worked like public defender in Monroe County for 35 years before departure for private practice in spring, said that the charge of attack attempt made meaning, given that pointed key The chain Mr. Yakubonis was holding looked unreliable. of causing “serious physical injury” it would be required charge higher degree of to attack. (In New York, serious physical injury means that the essential risk of death is created or an opportunity arises of disfigurement or disturbance of body organ.)
Donald M. Thompson, Firm Partner of Easton Thompson Kasperek Shiffrin in Rochester and criminal defense counsel, agreed that the prosecution accurately reflected the charges, that it was not particularly lenient, and that it was not unusual. for two agencies to discuss the charge in advance.
To the question whether it could be agreed on for the benefit of Mr. Zeldin, Mr. Thompson was thoughtful.
“As a political consideration, could this have happened?” he said. “I think we can’t rule it out. Is there evidence of what? Not that I’m aware of. But of course people who so inclined in what direction could make this argument. ‘Cause we can’t pull back curtain, you can’t tell why it happened or why it didn’t.”
Mr. Yakubonis has since been indicted at the federal level. with penis attack of Congress using dangerous weapon. it was held in federal custody from Saturday; a detention a hearing is scheduled for Wednesday.
