Time for Reforms that Help Victims, Not Hurt Them
State lawmakers and victims’ rights advocacy groups were joined by family members of victims of homicide. They gathered together in front of the Arthur M. Cromarty Criminal Court Complex in Riverhead, on Tuesday, to call for the establishment of Survivors of Homicide Victims Awareness Month in New York and unveil a Victims’ Rights Reform package for the 2022 Legislative Session.
Survivors of Homicide Victims Awareness Month (November 20-December 20) is a month-long effort to educate the public, and policymakers, about the impact of murder on families and communities, and would give victims the opportunity to share the struggles and sorrow these individuals and families face.
“Through an awareness month, policymakers and the public can be educated on the impact homicide has on the family and community,” said Jennifer Harrison of Victims’ Rights NY PAC.
Senator Anthony Palumbo (R,C-1st Senate District) and Assemblyman Joe DeStefano (R,C-Medford) will be introducing this resolution.
“This recognition will bring awareness to the victims because the situation for the past few years in the State of New York has been primarily a focus on criminals’ rights. We need to bring the focus back to the victims,” said Palumbo.
According to the Office of Victims of Crimes (US Department of Justice), during the past decade, states have made extraordinary progress in establishing fundamental rights for crime victims. Every state has passed victims’ rights statutes, and 29 states have incorporated victims’ rights into their state constitutions.
By New York officially recognizing November 20 to December 20 as Survivors of Homicide Victims Awareness Month, they join countless other states in affording victims the opportunity to unite, find solace in a supportive community, and address the issues that victims and victims’ families are facing across the state.
“As crime goes up in New York State, sadly so too does the number of crime victims,” said Senator Palumbo, “Now, more than ever, it is critical for the legislature to recognize the struggles of victims by formally adopting Survivors of Homicide Victims Awareness Month, which is why I will be introducing a resolution calling for this. Additionally, we need to enact common sense measures to better protect and support crime victims, and ensure that their voices are heard.”
“In recent years, crime victims’ rights have been marginalized as lawmakers in Albany passed legislation that has emboldened those intent on criminal behavior. I applaud the work of Jennifer Harrison of Victims’ Rights NY to raise awareness of the needs of those affected by violent crimes and appreciate the work of area state lawmakers to bring greatly needed reforms to the justice system,” said Suffolk County Undersheriff, Kevin Catalina.
In direct contrast to previous Governor Cuomo’s disastrous and dangerous bail reform, Senator Palumbo and Assemblyman Fred Thiele, Jr (D-East Hampton) are co-sponsoring a bill in the NYS Senate and Assembly, “Lorraine’s Law.” Thiele stated, “As a state legislator, I have spent many hours listening to the tragedies endured by crime victims and their families in my district. We are all moved by their plight. It is imperative that their voices be heard in the decisions that are made by our criminal justice system. Recognizing ‘Survivors of Homicide Victims Awareness Month’ makes all of us more aware of the impact of violent crime on these families and on society. That is why I continue to sponsor legislation which protects these families during parole proceedings.”
“Lorraine’s Law” was drafted by Thiele when a family from Shirley came to him with their story. Their daughter, Lorraine Miranda, who graduated high school and moved to Staten Island to work tirelessly to help disabled children while attending college at night. Lorraine, who herself had cerebral palsy, was engaged, and planning a wedding when her story took a tragic turn. At 24 years old, in 1988, with her whole life ahead of her, she was brutally murdered by her fiancé. High on cocaine and alcohol, he strangled her and stabbed her to death. Lorraine’s fiancé then staged the crime to look like a break-in but was ultimately caught. He was sentenced to 15 years to life. Twenty-five years later, the family is still subjected to reliving the nightmare of losing Lorraine, as every two years her murderer is up for parole.
Thiele and Palumbo look to ease the pain and suffering of Lorraine’s family and the families of other victims by extending the current standard of parole hearings from every two years to every five years: with the exception of new, compelling evidence that would allow for an earlier parole hearing if the facts warranted it.
Parole reform is a key element to the 2022 Legislative Crime Victims’ Agenda. Aside from extending the time between parole hearings, representatives look to give victims a choice for parole hearings of in-person statements, virtual, phone or in writing, restructuring the Parole Commission to ensure victims’ advocates and law enforcement are included, and to enact NY State Senate Bill S7412 – legislation that will assure the crime victim or victim’s representative are provided notice that a parolee or releasee is being discharged or released.
“I am proud to stand with my colleagues and victims’ rights advocates to have the state recognize survivors of homicide victim awareness month and to advance this package of legislation that puts victims first,” said Senator Alexis Weik (R, C-3rd Senate District).
“The family and friends of homicide victims are the forgotten victims of these horrendous crimes. The realm of issues we endure from the inception of a loved one’s death is unmeasurable. We are here today to tell our stories and to ensure that our voices are heard so that others facing tragedy may be helped,” said Barbara Connelly, Long Island/New York Metro Area Parents and Other Survivors of Murdered Victims Outreach.
Barbara lost her 16-year-old son, Jimmy, in 1979 when he was chased, stabbed 22 times, and had his throat cut three times. In 16 years, she has had to attend 13 parole impact hearings and then after all the pain of losing a child, come to learn through social media that her son’s killer was paroled from jail.
The legislative bill, S7412, being introduced by Senator Weik will reassure victims should the law be amended, when the Board of Parole is making a determination of a discharge, presumptive release, parole, conditional release, or post-release supervision, then notification will be given to the crime victim, or their representative and any previous victim impact statements must be considered.
The second portion of the bill will provide that when deciding whether or not to terminate a period of probation or lifetime probation, a court must consider prior victims’ impact statements and that the victim, or their representative be notified of the decision.
“My legislation would ensure that a judge considers victims’ impact statements when determining if post release supervision should be terminated. This never ends, and it is torture for these families every single day. We can offer them the smallest piece of comfort by at least letting them know when these individuals are no longer under any supervision. Again, it is not just notifying the family, but having them weigh in on when parole may be terminated, is so important,” said Weik.
In addition to the above-mentioned proposals, lawmakers are including the following in the crime victims’ agenda:
- Creating a lifetime order of protection for victims of violent crime, survivors of homicide victims and witnesses (Palumbo-introduced)
- Establishing a registry for repeat violent offenders
- Requiring employers to give time off for victims/survivors of victims to attend court dates and allow for reimbursement from the state for loss of wages (similar to jury duty)
- Changing education requirements for victims’ advocates to include personal and life experience
- Assigning a crime victims advocate at the beginning of each homicide investigation
“This legislative package is a clear recognition that the rights of victims and their families have been ignored in our state and must be respected. I support any effort to restore commonsense by putting the needs of those who were victimized above the perpetrators and look forward to working with my colleagues to advocate for these fair and reasonable proposals,” Senator Mario R. Mattera stated.
Madeline Brame, Chairwoman Victims’ Rights Reform Council, also lost her son, 35-year-old Sergeant Hason Correa, in 2018 when he and his father were mercilessly attacked and stabbed in the lobby of his father’s girlfriend’s apartment. Following an earlier altercation, the murderer returned with friends who held Correa, inhibiting his escape, as they stabbed him nine times and his father four times. Correa, a Veteran who served in Afghanistan, left behind three children.
Three of the assailants were repeat predicate violent offenders, and one was on parole for attempted murder of a police officer. These proposals would have created serious roadblocks that could have prevented the senseless, heinous murder of Sergeant Correa.
“For far too long the victims have been victimized and re-traumatized over and over and over again. We’re sick and tired of being sick and tired. We’re here today to propose these bills, these pieces of legislation that will help strengthen and protect the victims of violent crime,” said Brame. “My son was a hero. My son was a United States Army, Afghanistan war hero for this country. He didn’t die on the battlefields of Afghanistan. He died right here. Right here. He fought in Afghanistan to protect our rights and freedoms and murderers killed him and there is nothing in place that honors him, protects him or his family or his children. We hope these bills can get bipartisan support because this issue affects everyone,” she added.
“Over the past few months, we have hosted many zoom calls, meetings and conversations with various groups and individuals across the state to compile a list of needed reforms. Many of the advocates and survivors here today have devoted years of their lives fighting for these issues. The success of this legislative agenda will be a direct result of the resilience and dedication of everyone here in the name of a loved one not only in the pursuit of justice but to prevent others from suffering the horrors we have endured. These reforms will not only help with the plight of innocent victims but will also help restore public safety,” Harrison concluded.
