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Q&A
Council Member and Queens DA discuss impact of dismissals on victims and public safety
6:33:48
ยท
3 min
Council Member Robert F. Holden expresses concern about the impact of case dismissals on victims and public safety, while Queens District Attorney Melinda Katz provides insight into dismissal rates and the vetting process in her office.
- Holden emphasizes that victims are the biggest losers when cases are dismissed
- Katz reports that about 28% of felonies and 40% of misdemeanors in Queens are dismissed due to discovery non-compliance
- Katz explains the careful vetting process to ensure public safety when considering dismissals
- Both highlight the danger of losing orders of protection when cases are dismissed
Robert F. Holden
6:33:48
from other years.
6:33:51
So justice is not being served.
6:33:54
Well, I think Certainly the victims.
6:33:55
If something is dismissed, and it's a felony or it's a serious crime, even a misdemeanor could be serious.
6:34:02
And if they're being dismissed, the victims are the biggest losers here.
6:34:08
But the public you know, again, if we're not funding your offices correctly, and the state comes up with these discovery laws and bail reform and raise the age and all these things that kind of push up crime and push up then lower the standards of justice.
6:34:27
Again, it is outrageous that we can't fund the offices that are keeping us safe.
6:34:34
Certainly, we're not funding NYPD.
6:34:38
We're, you know, we're correctly, we're not everybody's begging, especially the criminal justice system is begging here, not only for jails, but for even bringing these cases to court.
6:34:52
So I don't think there's any greater need here in the city Of New York than to fund the offices of the DAs, that they can properly prosecute and put away people that should be put away.
6:35:06
And I know the population at Rikers is very violent, because I speak to, know, the correction officers who said that the people that there's less people there, but they're more violent.
6:35:18
And if people are walking, you know, away from these cases, for whatever reason, it needs to be addressed.
6:35:25
Just one other, you, DA Cass, you want to jump in with?
Melinda Katz
6:35:31
Well, yeah, I'd like to give you numbers.
6:35:33
But I'd also like to just comment on one thing you said, which is, so we are, remember there are dismissals otherwise.
6:35:40
So we're making, we're researching exactly why the dismissals happened in '24.
6:35:46
We estimate that about twenty eight percent of our felonies were dismissed because of discovery non compliance.
6:35:55
And then about forty percent of them misdemeanors just for this very reason.
6:35:59
But I just want to correct one thing if I can, Counsel, because you're always such a great supporter.
6:36:03
It's not always about the due diligence because we will use every single tool we have.
6:36:12
Use due diligence.
6:36:13
In good faith rely on precedents of the courts that we are practicing in and still can get our cases dismissed.
6:36:21
But it's not always just about that.
6:36:23
It's also about the amount of vetting that happens, right?
6:36:26
So none of us want to really dismiss want to make sure that all I think well, at least I'll speak for myself.
6:36:32
I want to make sure that those that are getting dismissed because of discovery noncompliance are sort of compared, right.
6:36:40
We want to vet, make sure people aren't in danger, make sure that if it's an assault, make sure that if someone's in a home with someone that they are going to be safe in the future as well.
6:36:49
And you are absolutely right.
6:36:51
The danger that comes from a dismissal is that our orders of protections die with the dismissal of the case.
6:36:58
So if you have a person who's being assaulted in their own home, that dies with the case.
6:37:04
If we have witnesses that are involved in gang prosecutions, those orders of protections die with the case.
6:37:09
And so you're right.
6:37:10
It is imperative that those numbers get lower.
Robert F. Holden
6:37:13
Yeah.