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Thursday, June 30, 2022
Partnerships for Parks - Free Webinars in July
Statement from Governor Kathy Hochul on U.S. Supreme Court Ruling in West Virginia Vs. Environmental Protection Agency
"From Superstorm Sandy to Hurricane Ida, New Yorkers know all too well that the climate crisis is already here. We have no time to waste in our fight to cut carbon emissions and build a clean energy economy.
"Make no mistake: today's decision by the Supreme Court is a major setback in our fight against climate change. By limiting the Environmental Protection Agency's ability to protect our environment, the Court is taking away some of the best tools we have to address the climate crisis. It presents three immediate priorities: The EPA must swiftly implement the strongest possible new emissions rule, States must redouble our climate efforts, and Congress must pass robust climate legislation this year to allow us to go further, faster.
"New York is once again in the familiar, but unwelcome, position of stepping up after the Supreme Court strikes a blow to our basic protections. But as always, New York is ready. We will strengthen our nation-leading efforts to address the climate crisis, redouble efforts with sister states, build new clean energy projects in every corner of the state, and crack down on pollution harming the health of many New Yorkers. After this ruling, our work is more urgent than ever."
Justice Department Announces Investigation Of New York City Police Department’s Special Victims Division
Comprehensive Review of Policies, Procedures, and Training, Including SVD’s Investigations of Sexual Assault Crimes and Treatment of Survivors
Kristen Clarke, Assistant Attorney General for the Justice Department’s Civil Rights Division, Damian Williams, the United States Attorney for the Southern District of New York, and Breon Peace, the United States Attorney for the Eastern District of New York, announced today a civil pattern or practice investigation into the Special Victims Division (SVD) of the New York City Police Department (NYPD). The investigation will assess whether the SVD engages in a pattern or practice of gender-biased policing. The investigation will include a comprehensive review of the policies, procedures, and training for SVD investigations of sexual assault crimes, including how SVD interacts with survivors and witnesses, collects evidence, and completes investigations; any steps NYPD has taken to address deficiencies in its handling of sexual assault crimes; how SVD allocates staffing and other resources; and the services and support offered to survivors of sexual assault. As part of this investigation, the Justice Department officials will reach out to community groups and members of the public to learn about their experiences with SVD.
Prior to the announcement, Justice Department (Department) officials notified Mayor Eric Adams, NYPD Commissioner Keechant L. Sewell, and NYC Corporation Counsel Sylvia O. Hinds-Radix, who have pledged to cooperate with the investigation.
Assistant Attorney General Kristen Clarke said: “Survivors of sexual assault should expect effective, trauma-informed and victim-centered investigations by police departments. Based on information provided to the Justice Department, we find significant justification to investigate whether the NYPD’s Special Victims Division engages in a pattern or practice of gender-biased policing. Investigations into sexual assault that comply with the Constitution promote accountability, enhance public safety and foster community trust.”
SDNY U.S. Attorney Damian Williams said: “Victims of sex crimes deserve the same rigorous and unbiased investigations of their cases that the NYPD affords to other categories of crime. Likewise, relentless and effective pursuit of perpetrators of sexual violence, unburdened by gender stereotypes or differential treatment, is essential to public safety. We look forward to working with our partners in EDNY and the Civil Rights Division to assess the NYPD’s practices in this area.”
EDNY U.S. Attorney Breon Peace said: “Respectful, thorough, and complete investigations of sexual assaults are fundamental to a well-functioning justice system. Over the last several months, we have learned concerning information from a variety of sources of historical issues about the way the Special Victims Division has conducted its investigations for many years. Our review is intended to ensure that, going forward, survivors of sexual assault in New York City receive fair and just treatment in the criminal justice system, and as a result, those who engage in sexual violence are held accountable. We appreciate that the NYPD has already taken steps to address these concerns.”
The Department received information alleging deficiencies at SVD that have persisted for more than a decade, depriving survivors and the public of the prompt, thorough, and effective investigations needed to protect public safety. These deficiencies allegedly include failing to conduct basic investigative steps and instead shaming and abusing survivors and re-traumatizing them during investigations.
The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Justice Department to remedy such misconduct through civil litigation. The Department will be assessing law enforcement practices under the Fourteenth Amendment to the United States Constitution, as well as the Safe Streets Act of 1968.
The Civil Rights Unit in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, and the Civil Rights Team in the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York, and the Special Litigation Section of the Justice Department’s Civil Rights Division will jointly conduct this investigation. Individuals with relevant information are encouraged to contact the Department via email at USANYS.CommunitySVD@usdoj.gov or by calling 212-637-2746. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at www.civilrights.justice.gov, to the Eastern District of New York at https://www.justice.gov/usao-edny/civil-rights, or to the Southern District of New York at https://www.justice.gov/usao-sdny/civil-rights.
Information specific to the Justice Department’s Civil Rights Division’s Police Reform Work can be found here: https://www.justice.gov/crt/file/922421/download. The Department’s updated guidance on improving law enforcement response to sexual assault and domestic violence can be found here: Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias (justice.gov).
Additional information about the U.S. Attorney’s Office for the Eastern District of New York is available on its website at https://www.justice.gov/usao-edny. Additional information about the U.S. Attorney’s Office for the Southern District of New York is available on its website at https://www.justice.gov/usao-sdny. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Attorney General James Issues Statement on SCOTUS Decision Limiting EPA Authority to Regulate Power Plant Emissions
New York Attorney General Letitia James issued the following statement in response to the U.S. Supreme Court’s decision today in West Virginia v. EPA to restrict the ability of the Environmental Protection Agency (EPA) to limit carbon emissions from power plants:
“Today’s ruling is a dangerous and irresponsible restriction on federal agencies’ ability to carry out their functions. Climate change is an imminent and indisputable threat, and EPA must be able to regulate the energy industry so that the worst consequences can be avoided. Despite this setback, my office will continue to be a champion for our environment, our future, and the health of New Yorkers. We will work to end our nation’s reliance on fossil-fuel power plants that pollute our environment, and move towards clean, renewable, and affordable electricity. It’s not too late to move off the path towards climate disaster, but we must take decisive action now.”
Attorney General James has long been a leader in the national effort to protect the planet from the impacts of pollution and climate change. In January 2022, Attorney General James led a coalition of 30 states and local governments in submitting a brief to the U.S. Supreme Court in this case, providing a strong legal defense of the ability of EPA and states to set meaningful limits on climate change pollution from power plants under the Clean Air Act. In January 2021, Attorney General James won a lawsuit against the Trump Administration when the U.S. Court of Appeals for the District of Columbia Circuit vacated the Administration's Affordable Clean Energy (ACE) rule, or so-called “Dirty Power” rule, which replaced the Clean Power Plan. The Clean Power Plan was the first-ever nationwide limit on one of the largest sources of climate change pollution — existing fossil-fueled power plants. The Trump Administration rule rolled back these limits and would have had virtually no impact on these emissions, prolonging the nation’s reliance on polluting, expensive coal power plants and obstructing states’ progress towards clean, renewable, and affordable electricity generation.
MAYOR ADAMS’ STATEMENT ON U.S. SUPREME COURT’S DECISION IN WEST VIRGINIA V. ENVIRONMENTAL PROTECTION AGENCY
New York City Mayor Eric Adams today released the following statement on the U.S. Supreme Court’s ruling in the case of West Virginia v. Environmental Protection Agency:
“New York City has been a leader in protecting people from the dangers of climate change, but we’ll have to fight even harder because of this horrific Supreme Court decision. This ruling removes a key ability of the federal government to regulate emissions from power plants throughout the nation, leaving New Yorkers and all frontline communities more vulnerable to increasingly severe hurricanes and coastal storms, longer and hotter heat waves, and more droughts. This Supreme Court has chosen the coal and petroleum industries over peoples’ health and safety. Despite this setback, nothing will change about the work we’re doing, and we’ll continue to work with partners – nationally and internationally – to mitigate the impact this misguided decision will have on our communities.”
BRONX WOMAN AND HER TEEN SON INDICTED IN MURDER OF HER 7-YEAR-OLD DAUGHTER JULISSIA BATTIES
Child Was Beaten and Sexually Abused; Defendants Failed to Seek Medical Attention
Bronx District Attorney Darcel D. Clark today announced that a Bronx woman and her 17- year-old son have been indicted on Murder, Manslaughter and additional charges in the August 2021 death of her seven-year-old daughter, Julissia Batties.
District Attorney Clark said, “A woman and her teenage son caused the death of her innocent, defenseless seven-year-old daughter, Julissia, in their Bronx home. The child was beaten and sexually abused and denied medical attention. This is a revolting, disturbing case of brutality and callousness. A 10-month investigation with the NYPD led to the indictments charging the defendants with Murder. The investigation revealed that Julissia was failed throughout her brief life. The signs of her torment were there but not acted on. We send our condolences to Julissia’s father and grandmother, who remain devastated by the loss of this beautiful, little girl.”
District Attorney Clark said the defendants, Navasia Jones, 36, last of Brooklyn N.Y., and Paul Fine Jr., 18, of Brooklyn, N.Y., were arraigned today on an indictment charging two counts of second-degree Murder, under circumstances evincing a depraved indifference to human life, two counts of second-degree Manslaughter, three counts of Endangering the Welfare of a Child, and Fine Jr. was additionally charged with first-degree Assault, and first-degree Sexual Abuse. The defendants were arraigned before Bronx Supreme Court Justice Marsha Michael. They were remanded and Jones is due back in court on September 12, 2022, and Fine Jr. on July 5, 2022.
Between August 8, 2021 and August 10, 2021, Julissia Batties, 7, was beaten and died while in the care of her mother and half-brother in their apartment in 175 Alexander Avenue. According to the investigation, Jones called 911 at 8:06 a.m. on August 10, 2021, after being urged by a family member to do so. When first responders arrived, Julissia had no pulse and no vital signs. The child was taken to Lincoln Hospital where she was pronounced dead.
After her death, the defendants told police Julissia had fallen down and was vomiting and urinating on herself at about 5:00 a.m. They also said the child fell against various items in the apartment or on the floor. Those statements were inconsistent with the fatal and nonfatal injuries on Julissia’s body.
Fine Jr. later confessed to ACS that he had assaulted the child all over her body between August 8 and August 10, 2021, and admitted to punching Julissia multiple times on the day of her death.
The Office of the Chief Medical Examiner determined the child died by homicide caused by blunt force trauma to her abdomen. Examiners concluded she was struck with enough force to cause her internal organs to tear and bleed, filling her abdomen with blood. Examiners also found multiple bruises visible about the child’s entire face, chin, and back of right ear. The Medical Examiner determined the bruises on Julissia’s face are consistent with pattern bruising, likely caused by a fist or hand. There were additional injuries, visible bruises, marks, and scratches on Julissia’s body, including on both wrists, her clavicle, upper thigh and mouth.
According to the investigation, Fine Jr. allegedly sexually abused Julissia. The child had injuries that were consistent with sexual assault. Those injuries were inflicted after Julissia had already begun to experience symptoms caused by the assaults to her abdomen.
District Attorney Clark thanked NYPD Detective Jeff Grater of the 40th Precinct and Detective Colin Higgins of Bronx Homicide for their work in the investigation.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
Governor Hochul Signs Legislative Package to Empower Victims of Crime
Legislation (S.9359/A.7487) Expands Which Documents Can be Used to Show Identity Theft in Certain Circumstances Relating to Debt Collection
Legislation (S.8975/A.7489) Expands the Eligibility of Victims of Unlawful Dissemination or Publication of an Intimate Image, also Known as "Revenge Porn"
Legislation (S.8976/A.7502) Expands the Eligibility of Victims of the Crimes of Reckless Endangerment in the Second and First Degree
Governor Kathy Hochul today signed a legislative package to empower victims of crime. This sweeping package of bills expands what qualifies as documentation of identity theft and expands the eligibility of victims of unlawful dissemination of intimate images, as well as reckless endangerment. These bills will help to lift up victims of these heinous acts and give them the opportunity to seek justice.
"In New York we believe strongly in protecting and uplifting all victims," Governor Hochul said. "This legislative package allows victims that have not been physically injured to still obtain compensation for other impacts of various crimes - taking an important step to help victims seek the justice they deserve."
Legislation (S.9359/A.7487) expands which documents can be used to show identity theft in certain circumstances relating to debt collection. These materials can now include Federal Trade Commission and Law enforcement reports, as well as criminal and family court documents. This increases protection for victims of identity theft by requiring creditors to cease collection activities until completion of their review of certain information. Under existing law, victims of identity theft must have filed a police report for a creditor to cease collection, with there being no alternative if a police report was not filed. This will allow more victims of identity theft to put these heinous acts behind them.
Legislation (S.8975/A.7489) expands the eligibility of victims of unlawful dissemination or publication of an intimate image as defined in section 245.15 of the Penal Law (Revenge Porn). Under current law, to be eligible for reimbursement for certain crime-related expenses, one must be a physically injured victim of a crime. This bill allows uninjured victims of unlawful dissemination of intimate images to be reimbursed. This gives more power to victims of revenge porn acts and allows them to collect damages for what they endured.
Legislation (S.8976/A.7502) expands the eligibility of victims of the crimes of reckless endangerment in the second and first degree. Under current law, to be eligible for reimbursement victims must be physically injured by reckless endangerment. This bill allows victims the ability to obtain compensation without having been physically injured, giving victims more power.
New York City Comptroller Lander Statement on West Virginia v. Environmental Protection Agency Supreme Court Decision
New York City Comptroller Brad Lander released the following statement in reaction to the Supreme Court’s decision in West Virginia v. Environmental Protection Agency:
“Today’s decision is yet another blow by our nation’s highest court with far-reaching impacts for our collective future. We cannot confront the scale of the risks the climate crisis poses to our communities and the global economy without strong, concerted action by both the federal government and the private sector. Today’s decision undermines the federal government’s ability to set critical standards for meaningful reductions in our greenhouse gas (GHG) emissions and to provide for a just transition to a low-carbon economy.
“This ruling underscores how important it is that New York City continues to lead on climate and do everything within our power to limit emissions and accelerate our transition away from dirty energy. Thanks to the leadership of the trustees of the Teachers’ Retirement System, New York City Employees’ Retirement System, and Board of Education Retirement System, we are divesting from fossil fuel reserve owner companies, increasing investments in climate solutions, and working to achieve our goal of net zero GHG emissions by 2040 to reduce emissions across our managed assets. We will continue to review the implications of this decision for our work to confront the climate crisis using all the tools available to us.”