OPINION: Albany lawmakers can right some old wrongs
Stephen P. Younger, president of the New York State Bar Association, is a partner at the New York law firm of Patterson Belknap Webb & Tyler.
Marty Tankleff's nightmarish odyssey through the criminal justice system is well known to Long Islanders. Convicted for killing his parents after being coerced into a confession, he spent 17 years in prison though he was an innocent man.
The cost of justice denied is tremendous. It devastates the life of the wrongly convicted individual, while the guilty person remains free to commit more crimes. It wastes millions of taxpayer dollars on legal fees and the cost to imprison the innocent. And it erodes New Yorkers' belief in the justice system and the rule of law, which are bedrock values in our democratic society.
The New York State Legislature moved closer to preventing such tragedies by introducing a package of six new bills that address the leading causes of wrongful convictions. The bills were drafted by the New York State Bar Association, based on the work of its Task Force on Wrongful Convictions. Recently, the package was reported out of the State Senate's Codes and Judiciary Committees, as well as the Assembly Codes Committee.
These measures offer important and necessary protections to prevent wrongful convictions. At the State Bar, we are realistic enough to know that some of these changes may meet with resistance among some legislators. But there are three bills that should have overwhelming support, and we urge the legislature to act on them during these busy days before this session ends. All can be implemented with minimal cost, and they'll make an immediate impact.
The first deals with exculpatory information. By law, prosecutors must provide the defense with information - before trial - that may clear the accused.
This bill, sponsored by Sen. Ruth Hassell-Thompson (D-Mount Vernon), would better define such exculpatory information, which can clear the defendants' names, clarify what information must be provided to the defense, establish the time frame for delivering it and provide relief if there is a violation.
The second bill involves recording custodial interrogations. Electronic recording of interrogations of suspects while in custody can provide important protections both to law enforcement officers and to the civilians they question.
Nassau County already does this for homicides and major robbery cases, and Suffolk is planning to implement its own recording program. This bill, sponsored by Assemb. Joseph Lentol (D-Brooklyn) and Sen. Bill Perkins (D-Manhattan), would mandate that all custodial questioning of suspects be recorded statewide, thus helping remove any doubt about the validity of a suspect's statement or the use of proper police procedures.
The third enables the vacating of a guilty plea based on new DNA evidence. The use of DNA to clear the innocent has advanced significantly, as tests have become more nuanced and sophisticated over the years.
Sponsored by Assemb. Charles Lavine (D-Glen Cove) and Sen. Eric Schneiderman (D-Manhattan), this bill allows someone who once pleaded guilty to seek to vacate a conviction if new DNA evidence is available.
As it stands, in the rush to the end of this session, this package of legislation seems to be getting ignored. That's a mistake. Passage of this legislation will help strengthen public confidence in our justice system, while saving millions of dollars in wasteful spending. Most importantly, it will go a long way to ensuring that cases like Tankleff's never happen again.
