Elect Tiffany L. Cabán Queens District Attorney on June 25th!
“Our criminal justice system needs to change. New Yorkers deserve a seat at the table, and a champion who will fight to realign our priorities towards equal treatment under the law. If Tiffany Cabán wins, things are going to change. Instead of criminalizing poverty, we’re going to dedicate resources towards prosecuting abusive landlords. Instead of targeting people who use marijuana, we can go after the drug companies that took advantage of working-class folks for profit.
We can end broken windows policing and rebuild the relationship between our communities, and the justice system that’s supposed to work for us. We can end cash bail, so that the rich and poor are held equal in the eyes of the law. We deserve a district attorney that understands that to make our community safer we help people prosper.
We deserve Tiffany Cabán.” - U.S. Rep. Alexandria Ocasio-Cortez
DISTRICT ATTORNEYS “ARE in many ways the most important figures in the system,” says David Alan Sklansky, a Stanford law professor who studies district attorneys. “They are crucial gatekeepers between the police and the courts. They get to decide who gets charged and what they get charged with. They are the ones who recommend sentencing and negotiate plea agreements. And since the vast majority of criminal convictions in this country are the result of plea agreements, they are the ones who are negotiating sentences.”
The Queens DA's use of his authority and the judge's rulings in this case—illustrate some of the tragic failures in the Queens criminal justice system.
As one example of the DA's power, see what a Queens DA candidate, that's a former Queens judge/ADA and now calls himself a "progressive prosecutor," allowed in as "evidence" in a murder trial, in which an innocent man was facing—a 25 year-to-life prison sentence.
Gregory Lasak, as a judge, permitted the Queens DA to use recanted eye witness testimony (repudiated prior statement) as evidence in, not one, not two, but, three murder trials of an innocent man.
Terrel Banks, 26, was arrested months after his 20th birthday for the October 2008 fatal shooting of 21-year-old Timothy Smith in Fresh Meadows. Banks lingered behind bars and faced trial three times.
The case against Banks had been rocky from the start as the prosecution's star witness changed her testimony that she saw Banks shoot Smith before the first trial in 2010. That didn't matter to Lasak, as he refused to grant Banks bail and, instead, allowed the Queens DA to use the woman's grand jury testimony identifying Banks in the three subsequent trials—all of which ended in mistrials before three different juries.
Banks’ third and final trial ended in March 2014 with a hung jury. After that, prosecutors made a last-ditch effort with a plea deal, agreeing to drop the murder charge if Banks copped to criminal possession of a weapon.
Banks refused to admit guilt to something he did not do, his lawyer Jorge Santos said. “He said, ‘I’m innocent I’m not taking it, I don’t care. I’m not admitting to having a gun, I didn’t do anything,’” Santos said.
On April 29, 2015 the case was dismissed. Lasak, the self-proclaimed "progressive prosecutor," instead of apologizing for keeping him in Rikers for 6 years for a crime he did not commit, suggested that Banks, “thank the district attorneys for dismissing the charges.”
I'm sure Banks thanked the three juries and his lawyer—that saved his life!
HISTORIC ELECTION
Queens hasn’t had a competitive election for Queens District Attorney since Richard Brown was elected in 1991. Brown was the Queens DA for 28 years. He was a relic of the tough-on-crime era that led to mass incarceration in Queens. "Historically, the Democratic Party has had enormous influence in choosing the city’s district attorneys. The races often attract little interest, and low voter turnout allows the favorites of the political machine to win, cementing long, unchallenged tenures. Nowhere has that been more true than in Queens, where the Democratic Party (Queens Machine) has picked the county’s district attorney for decades." With a Tough-on-Crime D.A. Stepping Down, Will Queens Turn to a Reformer?
Most progressive groups have now coalesced behind Tiffany L. Cabán for Queens District Attorney and the Queens Machine is backing Melinda Katz. As an assembly member Melinda Katz voted, not once but, twice to reinstate the death penalty in New York. The most recent data from the National Registry of Exonerations points to two factors as the most overwhelmingly prevalent causes of wrongful convictions in death penalty cases: official misconduct and perjury or false accusation. "Under DA Richard Brown, the undisputed fact from our Appellate Courts is Queens is # 1 in prosecutorial misconduct," said John O’Hara, a civil rights attorney. Reinstating the death penalty and the prevalence of prosecutorial misconduct would be a deadly combination for Queens.
“If you believe that the purpose of the criminal justice system should be rehabilitation then believing in the death penalty is diametrically opposed to that notion and [it shows] you believe the extreme is ultimately the way to resolve issues. Everything is framed from that lens — people can’t be saved, they can’t be redeemed, it’s not about rehabilitation it’s about punishment. And that’s the problem with the criminal justice system now.” - Finda Gbollie, Legal Aid attorney
BE A PART OF QUEENS HISTORY IN 3 EASY STEPS!
1. You can register online through the DMV. If you have a valid ID from the New York State Department of Motor Vehicles, you can register to vote online. You must register as a Democrat (Party Affiliation) to vote in the June 25th Democratic primary. The candidate that voters choose in this primary is expected to go on to win in the November general election, and could set prosecution policy for decades to come. If you are not a registered Democrat, you have until May 31st to register as a Democrat. June 18 is the last day to request an absentee ballot and June 24 is the last day to vote absentee.
2. Review the Queens District Attorney 2019 Election Guide.
3. Click Here to Find Where to Vote. New York guarantees you the right to take off work to vote. Polls are open between 6 a.m. and 9 p.m. If you don’t have at least four consecutive hours before or after work to vote, New York law requires your employer to give you at least two hours to vote without loss of pay as long as you notify them within two to 10 days. GET OUT + VOTE ON JUNE 25th!
NOTE: You can vote with a criminal record in New York. Check here to see if you can vote in the June 25 primary for Queens district attorney. You can double-check by calling the Queens Board of Elections at (212)-VOTE-NYC. If this person is voting for the first time after being convicted of a crime, they will need to register again. If you are in jail, you can get a registration form through your law library. Once you’ve filled it out, a law library coordinator will deliver it to the Board of Elections for you. If you feel your voting rights were violated, call (866) OUR-VOTE for help.