Republican in favor of more lawsuits. http://www.ny1.com/ny/TopStories/SubTopic/index.html?topicintid=1&subtopicintid=1&contentintid=14152 # # State To Expand Son of Sam Law # # JUNE 14TH, 2001 # # State lawmakers and Governor George Pataki say they have made # a deal to expand New York's so-called Son of Sam law that allows # crime victims to sue for compensation from their attackers. # # Under the current version, victims can only sue criminals for # profits made from a crime, such as proceeds from a book or a # movie deal. # # Under the proposed change, victims would be able to sue for any # money the criminal may have, including income, inheritance, # investments and even lottery winnings. Victims will also get # more time to file a lawsuit. # # The measure is expected to be approved next week. # # The original law was enacted in 1977 to prevent serial killer # David Berkowitz, a.k.a. Son of Sam, from profiting by his # notoriety. ---- Look what snuck into this bill: # The bill would expand the databank of DNA samples the state takes # from people convicted of violent crimes to include people # convicted of all crimes, including misdemeanors. http://www.nytimes.com/2001/06/13/nyregion/13PERJ.html # # June 13, 2001 # # Governor to Seek Harsher Penalties for Perjurers in Criminal # Cases # # By RICHARD PÉREZ-PEÑA # # LBANY, June 12 - Responding to notorious cases of innocent people # being convicted of crimes on the basis of false testimony, Gov. # George E. Pataki plans to propose tougher penalties for perjury # in criminal cases, aides to the governor said today. # # Mr. Pataki will call for the creation of a crime of aggravated # perjury, applicable only to testimony in criminal cases, and # punishable by up to 15 years in prison, the aides said. Current # law makes no distinction between perjury in criminal and civil # cases, and it carries a maximum penalty of seven years. # # Under the governor's proposal, there would be no statute of # limitations for aggravated perjury, so that people could be # prosecuted no matter how many years later their lies came to # light. For perjury, the statute of limitations is five years. # # Officials in the governor's office said the proposal, which he # will make public on Wednesday, was prompted by several highly # publicized cases in the last few years of people claiming to # have witnessed crimes sending innocent defendants to prison. # # One man, Dana Garner, has admitted to lying on the witness stand # in three Brooklyn cases, sending two men to prison for murder # and one for kidnapping; in one case he claimed to have seen a # killing take place in Brooklyn at a time when he was in North # Carolina. Two of the three have been freed. # # "The impetus behind the governor's proposal is the recognition # that perjury in criminal trials is an extraordinarily serious # crime that can have enduring effects," said James McGuire, counsel # to Mr. Pataki. "When there is proof of perjury, the integrity # of the criminal justice system demands that prosecutions should # be brought in appropriate cases." # # But defense lawyers who were involved in those cases said the # governor's proposal would make it harder to exonerate inmates # convicted on false testimony, not easier. # # "This would discourage people from coming forward and admitting # to perjury," said Michelle Fox, a Legal Aid Society lawyer who # helped clear Jeffrey Blake, one of the men convicted of murder # on Mr. Garner's testimony. "In the Blake case, I actually sent # a copy of the statute of limitations to Dana Garner to show him # that he couldn't be punished for coming forward, which he was # very afraid of." # # Mr. McGuire called that "a speculative and ill-founded objection," # in part because district attorneys can offer witnesses immunity # from prosecution if they come forward to change their testimony. # "I don't think that there's any real likelihood that any of those # people who are recanting are acting with a knowledge of whether # there's a statute of limitations or not," he said. "They're # motivated by conscience." # # Charles J. Hynes, the Brooklyn district attorney, said through # a spokesman, Kevin Davitt, that he supports the governor's plan. # Mr. Davitt said that in several instances, when convictions were # overturned years later, "We would have liked to prosecute those # witnesses for perjury, but we couldn't." # # The defense lawyer Ronald Kuby said he, like Ms. Fox, opposed # the idea, adding, "What we need is a statewide second-look unit # that would review cases where there's a question about guilt." # # Mr. Kuby recently secured the freedom of two men who were # convicted of murder based on the perjured testimony of a crack # addict seeking a reward. # # The governor's proposal would also apply to people who falsely # testify to protect defendants - witnesses who provide phony # alibis, for instance. Many lawyers say that is a far more common # practice than lying to convict someone. # # Mr. McGuire said removing the statute of limitations could give # prosecutors a second chance at some defendants. If, years after # an acquittal, new evidence of guilt is found, a prosecutor might # be able to use that evidence to build a perjury case. # # The governor, a Republican, will add the perjury provisions to # a bill he has already submitted to the Legislature that focuses # on uses of DNA evidence in court, a bill that has been stalled # in the Democrat-controlled Assembly. # # The bill would expand the databank of DNA samples the state takes # from people convicted of violent crimes to include people # convicted of all crimes, including misdemeanors. It would also # eliminate the statute of limitations for some violent crimes, # including rape. And it would create a state committee to determine # how DNA evidence can be used, systematically, to prevent and # reverse false convictions.