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Thursday, September 1, 2011

EDITORIAL: Return to The Bad Old Days, Thanks to Certain Courts

Bad old days
The New York Post -  EDITORIAL  -  August 31, 2011

Younger New Yorkers can be forgiven bemusement when their elders speak of the time, not so long ago, when New York City seemed totally out of control.  Back then, before 1993, criminals and crazies ruled the seedy streets, City Hall was paralyzed and the rights of everyday New Yorkers were subordinate to the whims of psychos and social misfits.  It was a time captured in Tom Wolfe’s justly celebrated novel, “The Bonfire of the Vanities” -- and symbolized by a Post front page that pleaded with the city’s then-mayor: “Dave, Do Something.”  That New York is long gone, thankfully -- but is the pendulum swinging back?  Take Carol Feinman, the Bronx jurist who seems to be channeling the late Judge “Turn-’Em Loose” Bruce Wright by repeatedly setting violent criminals free without bail.  Feinman -- a former Lower East Side community board chair -- sprang one thug accused of robbery and assault because she didn’t believe the victim’s testimony.  She also let walk a serial burglar busted for breaking into a church after his DNA matched a sample from the scene, asserting that the perp was too experienced a criminal to leave DNA.  Mind-boggling.  Like Bruce Wright, Feinman and her defenders cite the Eighth Amendment, which forbids excessive bail.  But, just like Wright, Feinman seems to believe that any bail is excessive.  Then there was yesterday’s New York Times story about Sojourner Hardeman, a vagrant panhandler who’s won a court-approved stipulation in which the NYPD agreed not to arrest her unless she’s otherwise breaking the law -- which may seem reasonable, but which is not.  Hardeman is not a mentally ill drug-abuser, like so many of the deinstitutionalized homeless of the ’80s -- including the notoriously deranged “Billie Boggs,” who became a media darling for successfully challenging a Koch administration policy that mandated treatment for vagrants deemed dangerous.  Unlike “Boggs” -- who used to sit in her own excrement and scream at passersby -- Hardeman’s panhandling is passive: She doesn’t aggresively demand money. But she’s no victim, either; the Times reports that she quit a job as a law-firm assistant to find something “more fulfilling.”  Now she’s busy asserting her First Amendment right to block pedestrian traffic on high-volume streets.  Just as a group called Picture the Homless this month trumpeted the “First Amendment right” of vagrants to sleep anywhere they want -- Penn Station, the subways, Grand Central -- because city shelters don’t offer sufficient “respect.”  Talk about back to the future.  Feinman, elected last year to the Civil Court but transferred to the criminal bench to fill a vacancy, reportedly hates the gig -- though she’s not saying for sure.  “Get the f--k away from me or I’m calling the police,” she growled at a Post reporter yesterday. Nice.  Jonathan Lippman, the state’s top judge and a fellow old enough to remember the bad old days, needs to find Feinman a job that she’s up to, before she lets a killer free.  Traffic court, maybe?

10 comments:

Anonymous said...

And we're stuck with this mutt until 2020?! wtf !!
On the other hand, though.....Even though I don't agree with how this judge is protesting OCA actions against what the voters elected her for, this just goes to show you how even judges get screwed.... but in the end, it's only the public who really get screwed.

Anonymous said...

Well, in an interesting turn of events, this judge seems to have changed her tune.

A couple of days ago, a guy started shooting into a group and shot three people including two children. He turned himself in before he received street justice and when he appeared in court, his judge was Rookie Bronx Judge Carol "Set 'Em Free" Feinman.

However, it seems that someone must have read Feinman the riot act, because this time, the perp did not walk.

While this may seem like this judge was finally acting professionally and like a thoughtful judge, it is clear that she only threw this guy back to jail because she was ordered to.

Apparently, she has no clue how a hearing is conducted because after the prosecution spoke, she ordered this guy to jail without allowing the defense to speak. Apparently, someone what actually knows how a legal hearing is conducted clued the judge into the fact that a defendant has certain constitutional rights.

Clearly this "judge" is completely incompetent. She can't even pretend that she knows what she is doing and get it right.

How much is this judge going to cost the state? What's the chance that any proceeding or decision she makes is not going to be challenged and probably overturned?

What is sad about this, is that this is just one obvious example of incompetent judges that sit in the courts and how legal proceedings are conducted in this state.

This judge is typical of what is wrong with the courts. She is going to keep a lot of people employed. All the attorneys, court employees and judges that are going to be dealing with the messes this judge creates. And, she is going to destroy the lives of the litigants that will have to suffer through years of litigation as the mess es that are created snake through years of legal proceedings.

Criminals have it a little bit better because their rights are better protected. The real victims will be those involved in civil litigation.

But we all know that nothing is going to change because there is too much money to be made and who cares if litigants and families are hurt?

Anonymous said...

Just another swine on the bench in NY. The Chief Swine Lippman may have to tell this sow that her actions reflect on all the other judicial swine feeding at the NY trough. Power corrupts, even with swine.

Anonymous said...

The buzz is that Shelly Silver is this retards Rabbi - Shelly say it isn't sooooo!

Anonymous said...

Because it was a flawed process that they built. Look at Hotel Lippman. It has not been sold or converted they just want the press to go away about the issue yet Lippman then goes on N.Y1 crying about how unfair it is that judges need more money. What about all the money he wasted in his hotel.
It is decades of them taking care of themselves then spinning the facts. She maybe be crazy but had she been properly looked into before maybe she would not have been aproved to run to become a judge. Maybe what should be looked at is the process how they get on the ballot and why she was given the green light by the barr association to become a judge

Anonymous said...

Yup.

Lippman's motto:

Let them eat cake.

Anonymous said...

and make sure you put a few nail files in it to get you out!

Anonymous said...

the pols are all making plenty of money who cares

Anonymous said...

things have never changed in the courts/legal system, it's all corruption and it always was

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