Thread by @ScottHech

This is Luis Reyes. Caged on Rikers for a year for just a curfew violation. Now charged w/ stealing a package to support his substance use disorder. Suffers from mental health issues. Faces *years* in prison. Cy Vance won't offer treatment instead. More: nydailynews.com/new-york/ny-ma…

Luis Reyes has been in and out of court since he was 16. Suffering from profound mental health issues. Hopelessness. Homelessness. Substances. Horrors. He's saddled w/ a criminal record. He needs help. Not more hurt.

If Luis Reyes were arrested in Brooklyn, it would even be a question that the DA's office would offer him treatment instead of prison. Despite the crime being classified as "violent," it wasn't. Took a package from a lobby. And he already suffered in Rikers.

Louis Reyes's public defender, Thalia Karney (@Tfort9), repeatedly asked the DA office for mental health court—an alternative to incarceration that provides support, guidance, & treatment w/ the goal of avoiding costly & violent prison that will exacerbate his issues.

While Thalia was fighting to try to get his case transferred to mental health court, she filed multiple writs of habeas corpus to try to get him released from Rikers bc of his mental health condition, trauma, & COVID was careening through the cages. Judges denied her. Everytime.

Remember how Governor Cuomo pledged months ago to release all those in jail only for "technical" (non-crime) parole violations? Well Luis Reyes, along with hundreds of others on Rikers, remained caged during a pandemic. Governor did nothing. Vance did nothing. Judges did nothing.

Luis Reyes's public defender gave prosecutors 800 pgs of decades' worth of med records. "Detailing suicide attempts, depression, substance disorder, schizophrenia & traumatic brain injury from a car accident at 16, around the time his seizures started." Prosecutors: Nope.

DA's cold statement: “After careful consideration of this case, the defendant’s criminal history & status as a persistent violent felony offender, & his failure to follow-thru w/ programming in the past, we declined to refer him to Mental Health Court." Let me break this down:

"The case" is a stealing a package from a lobby. The most common of all "burglaries." Considered "violent" under the law, but not violent at all. Nearly always someone struggling w/ substance use disorder, homelessness, poverty, stealing to survive. Can't deter poverty w/ prison.

"The defendant's criminal record." Really public health issues considered low-level "crimes," which shouldn't be crimes, & two other times doing the same thing--package theft for resale value to survive.

"Status as a persistent violent felony offender." Because of Luis's prior convictions for stealing packages from lobbies--considered "violent" under the law, but not in reality - no one was even present -- he faces *mandatory life in prison* for this third charge.

The truth: Manhattan DA looked only at the worst things to "take into consideration," ignored all evidence of Luis Reyes' need for help, & rejected the reality that prison will only cost a fortune, further damage Luis, & could well result in death given past attempts at suicide.

Likely to happen: Manhattan DA will make an offer (if they haven't already) to a few years in prison because he & his office is just that short-sighted, & lacking in compassion or creativity, instead of taking the much more rational & reasonable decision to extend mercy. And...

Luis will have to take any offer Manhattan DA extends to him. Why? If he doesn't & he goes to trial, he will very likely lose. And if he loses, he'll face a mandatory life sentence. That's how mandatory sentencing works. Coerces pleas. Also:

Under NY law, if someone is charged with a violent felony or has a violent felony conviction within 10 years, judges have no discretion to order any kind of treatment even if they want to. Manhattan DA Cy Vance *must* agree to it for it to happen. So what now? What can you do?

The only thing @ManhattanDA cares about is perception and public opinion. He gets away with so much because people have this perception he's "progressive" when in truth he's among the most carceral & brutal of all DAs in the country. Call him out. Call for justice for Luis Reyes.

Luis Reyes is out of Rikers now. But @ManhattanDA Cy Vance wants to send him back. Let's call him out. Here is Luis and his attorney, Thalia Karny. “'I have the best lawyer,'” he said softly."