Guilty until proven innocent


by


N1:

In the summer of 2003, police officers entered Juanita Young's home and arrested her for violating an eviction order. Before she saw the judge who formally charged her, Young spent 35 hours being shuttled between police stations in the Bronx.

AX—YOUNG: THEY HAD ME IN FIVE DIFFERENT PRECINCTS, CLAIMING THE FINGERPRINT MACHINE DIDN'T WORK.

N2:

Young's case is not unique, according to the coalition that's encouraging the City Council to consider what's known as a charge-or-release bill. It would allow anyone held more than 24 hours without being arraigned to sue the city.

Advocates of the bill say that it would give teeth to a 1991 court of appeals ruling that ordered the same thing.

More than a third of suspects were held more than 24 hours before they were arraigned, according to a recent report by the New York Civil Liberties Union. The problem is worst in the Bronx, where over half of arraignments exceed the 24-hour limit.

Coucilman Charles Barron, who represents central Brooklyn, is a co-sponsor of the bill. He says it is a response to Operation Impact, the city's two-year-old effort to bulk up police patrols in high-crime areas. Barron says police often stop residents of impact zones without probable cause.

AX—BARRON: THE PRESUMPTION OF INNOCENCE DOES NOT WORK IN THE BLACK AND LATINO COMMUNITY. WE HAVE THE RIGHT TO MOVE ABOUT IN OUR COMMUNITY FREELY, AND IF YOU DO ARREST US FOR A REASON, THEN WE HAVE THE RIGHT TO A SPEEDY ARRAIGNMENT.

N3:

Councilwoman Letitia James of Brooklyn worries that police target people of color and those who commit trivial offenses.

AX—JAMES: INDIVIDUALS WHO DON'T HAVE VENDOR LISCENSES ARE HELD OVER 24 HOURS, INDIVIDUALS ON TRAFFIC VIOLATIONS, IF YOU DON'T HAVE YOUR LICENSE, ARE HELD OVER 24 HOURS, CHILDREN WHO JUMP OVER THE TURNSTYLES BECAUSE THEY LOSE THEIR BUS PASSES, ARE HELD FOR OVER 24 HOURS,

N4:

A spokesman for the police department says that most people arrested for nonviolent misdemeanors are not held in jail. Unless they have a criminal record, they are quickly released with a summons to reappear before a judge at a later date.

A spokesman for the Office of Court Administration says there are legitimate reasons why detentions may drag on. For example, finger printing, interrogations, and paper work. Race plays no major role, he says.

The cosponsors of the bill hope it will be assigned to the Civil Rights Committee when the full council meets on Feb. 15.

I'm Dani McClain, Columbia Radio News.