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DESPERATE FOR MASS INCARCERATION: The @nypost Editorial Board just published yet another hit piece on what they eloquently refer to as the “demented new rules on bail & pre-trial discovery.” It’s so full of bluster, lies, & inaccuracies. I want to ignore it. But I can’t. Thread:
Lie: “The Legislature eliminated bail for all but the most violent felonies.”

Truth: Bail remains for *all* violent felonies except for 2 that don’t involve any actual violence.
Lie: “Prosecutors have long been obliged to share evidence w/ defense well before the 2 sides square off at trial.”

Truth: NY had worst discovery law in country. Prosecutors entitled to withhold til after trial began & did. NY has 2d highest wrongful conviction rate bc of it.
More on this: “Before the 2 sides square off at trial.”

Trials almost never happen in large part bc defendants are in the dark about evidence against them. 99% cases don’t go to trial. Vast majority of New Yorkers never see any evidence against them.
Lie on 14-day requirement: “Prosecutors & cops often haven’t even finished gathering evidence at that point.”

Truth: Must turn over everything they or police have in possession. Make copies. What they don’t have yet bc they’re still investigating, can turn over when have it.
More truth on the 14-day disclosure requirement @NYPostOpinion calls “nuts.”

There are exceptions & allowable extensions for exceptionally voluminous materials.

They obviously didn’t read the law.
Scare tactic: “Most worrisome, DAs will have to reveal witnesses’ names far earlier.”

Facts: Vast majority of witness are police or someone known to arrested person. Most of rest of country does this & no witness safety issues. NY already usually discloses names.
Lie: “The Legislature didn’t take testimony from a single DA, or even do informal discussions, before dropping this bomb.”

Fact: DAs, prosecutors, DAs Association were in every imaginable room & back room. So bad, TX prosecutors had to fly in to tell NY prosecutors to calm down.
Bottom line: Right now in NY we have an opportunity to transform our legal system. For the benefit of all. We need to have patience. We know jail doesn’t work. We know other solutions do. Identify fearmongering trash “journalism.” Know what they’re doing. Call them out on it.
What can you do now: Sign this petition calling on @nypost to stop spreading false information and hate to incite irrational fear in communities to maintain the system of mass incarceration.

act.colorofchange.org/sign/ny-post-b…
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