December 7, 2009

Citing signs of stabilization, economists hopeful about next year

By Kieran K. Meadows

What a difference a year makes.

Jobseekers may not feel better, but if you ask economists, things are not nearly as bad as they thought they might be.

“Looking forward and looking backward, we’re better off than most people would have imagined at this point,” said Barbara Byrne Denham, an economist for Eastern Consolidated, a real estate investment company.

Just over a year since the financial crisis plunged New York into the depths of recession and uncertainty, some economists are now cautiously optimistic about next year’s outlook. They predict a moderate turnaround in mid-2010. While conceding there’s a long road ahead to a full recovery, they point to some encouraging signs the economy is stabilizing. Some say this is largely the result of government intervention.

“The government came in and bailed out the financial firms and they are major employers in New York City,” said Ken McCarthy, an economist for Cushman Wakefield, a real estate services firm. “The financial sector is coming back more quickly than anybody expected.”

After being propped up over the last year by the feds, Wall Street to estimated to make $59 billion in profits in 2009—its highest ever—and a complete U-turn from huge losses of $11 billion in 2007 and $42 billion in 2008.

On Thursday, the Independent Budget Office reported fewer job losses and higher tax revenues than it had originally projected. “We expect New York City job losses to be far lower than we anticipated last spring,” said Ronnie Lowenstein, the director of the IBO.

The revised report forecasts the city to lose 157,200 jobs from the peak of employment in August 2008 through mid-2010—much fewer than the 254,500 lost jobs from the earlier report. “That’s a huge difference,” Lowenstein said.

The construction sector has also showed signs it’s slowly improving. Work began at $3.9 billion worth of projects in the third quarter of 2009, twice that of the year’s first three months, according to an analysis by the New York Building Congress.

The state Department of Labor reported that the city’s jobless rate was 10.3 percent in October, unchanged from September. “After deteriorating for months, the city’s unemployment rate appears to be stabilizing,” said Comptroller William C. Thompson, Jr. in a statement.

Despite encouraging signs, the city is not close to being out of the woods yet. Unemployment is likely to come down very slowly, said Rae Rosen, an economist with the Federal Reserve Bank of New York. She says banks are rebuilding capital, which limits their ability to make loans to businesses. With less access to credit, small businesses, which are traditionally engines of recovery, have been unable to create jobs.

Moreover, the unemployment rate will likely inch higher until it levels off at least six months from now, after we shed another 50,000 to 75,000 jobs.

To counteract this trend in 2010, Jonathan Bowles, the director of the Center for an Urban Future, says city officials should focus on diversifying our economy to depend less on Wall Street. “We need to identify areas where there’s substantial opportunities for growth,” he said, citing the tech and creative sectors. “We attract the most talented and creative people,” which is “a core strength,” he said.

New Yorkers should hope the city follows the footsteps of the national economy. On Friday, more evidence revealed the U.S. is turning the corner toward recovery faster than expected. The U.S. unemployment rate dropped from 10.2 percent in October to 10 percent in November—perhaps not a significant drop, yet symbolic after a year of awful economic news.

“Positive job growth at the national level will be a huge boost in morale overall,” Denham said, building confidence on Wall Street and on the part of consumers, which can help accelerate the city’s economic recovery into the new year.

December 6, 2009

The governor’s power to grant clemency

Under the New York State Constitution, the governor has the power to grant clemency to prisoners “upon such conditions and with such limitation, as he may think proper” (excluding for crimes of treason or impeachment). Most states in the U.S. give the extraordinary power of clemency to governors (or at least in some hybrid arrangement with a parole board). The issue is currently in the news because of the recent shooting deaths of four police officers in Washington State, allegedly by Maurice Clemmons, whose prison sentence in Arkansas was commuted in 2000 by then-Gov. Mike Huckabee. The speculation is that the willingness of Huckabee, who ran an upstart presidential campaign in 2008, to grant clemency may hurt his presidential ambitions in 2012. It is in this context that I noticed an excellent post on The New York Times’ City Room blog on this very issue. It begins:

This month Gov. David A. Paterson will be mulling the fate of roughly 150 inmates in New York prisons who have formally applied for clemency in the hope of having their prison sentences shortened or their criminal convictions forgiven.

It is a traditional — if increasingly rare — holiday gesture of mercy. Over three and a half decades the number of inmates who have had their sentences commuted or convictions pardoned has steadily dropped.

The post’s author, A.G. Sulzberger, goes on to say that unfortunately, many governors now weigh the political consequences of granting clemency, particularly if they are to soon to go before the electorate. Prison advocates like Robert Gangi, director of the Correctional Association of New York, fear that this year, Gov. Paterson, facing low poll numbers and the upcoming election, will grant clemency to few, if any, inmates.

Similarly, in 2006, when then-Gov. George E. Pataki was mulling over a 2008 presidential run, he declined to grant clemency to any inmates.

One wonders then, whether he would have been willing to commute the prison sentence of Elaine Bartlett in 2000 if he had faced an upcoming election (his next was in 2002) or considered vying for a spot on the Republican presidential ticket that year. I recently finished the book,“Life on the Outside: The Prison Odyssey of Elaine Bartlett,” which tells Bartlett’s story of serving a 20-to-life sentence for a first-time drug offense under the Rockefeller Drug Laws until Pataki commuted her sentence after 16 years. It was tough enough for Bartlett to receive clemency when Pataki did not face the circumstances described above, so I can only imagine if he had. She probably would have served at least another four years, when in truth, she should have been granted clemency after ten (half of the minimum of the sentence). But in 1995, Pataki had just been elected in the mold of a “law-and-order” Republican — surely not someone who was going to be granting clemency.

But after watching this clip of Pataki last week — considered a dark-horse for the 2012 Republican presidential nod — drawing a contrast between his record and that of Huckabee, I get the feeling that Elaine Bartlett was lucky to have received a commutation at all.

November 29, 2009

NY high court rejects prison phone rate refund lawsuit

teljus_logo The New York State Court of Appeals dismissed a lawsuit last week brought by prisoners’ families seeking refunds for the exorbitant phone rates it cost them to speak to their loved ones behind bars. The class action suit, Walton v. NYSDOCS, was filed in 2004 by the Center for Constitutional Rights on behalf of prisoners’ families and friends, who for years had paid inflated rates for collect calls due to the state’s monopoly contract with MCI/Verizon.

Lawyers for the families said that the excessively high rates amounted to an unfair and “unlawful tax” that resulted in millions of dollars being paid over a number of years. The prison telephone service contract stipulated that MCI pay the state 57.5 percent of the fees received from prisoners’ collect calls. Then MCI would be allowed to charge well over the market rate: a $3 connection surcharge and between 16 and 36 cents per minute. The rate of a collect call from a federal prison is 7 cents per minute. Most of New York’s calls are from prisons upstate to loved ones in New York City.

Mostly due to the long struggle waged by the New York Campaign for Telephone Justice, upon arrival to office in 2007, Gov. Eliot Spitzer halted the arrangement. Rates then fell to about half of what they had been. In June 2007, the state Legislature made Gov. Spitzer’s decision into a law, the Family Connections bill.

Lawyers for the plaintiffs said that families were paying up to $300 or $400 per month to speak to their loved ones who were incarcerated. Since 1996, they said, the state had collected about $200 million in profits from kickbacks outlined in the phone service arrangement with MCI. The lawyers maintain that families are owed compensation for this unnecessary burden.

The high court’s 5-1 decision affirmed a lower court’s ruling that the families had failed to assert a legitimate claim under the the state Constitution. The court said the the policy was bad, but not unconstitutional.

November 23, 2009

NYCLU files lawsuit seeking access to info about police shootings

The New York Civil Liberties Union sued the NYPD last week to obtain more information and facts about police shootings. The organization is seeking access to two internal police reports: one prepared immediately after a shooting of a civilian, and the other, a more detailed report completed within a few months of the incident.

The NYCLU has filed multiple Freedom of Information Law requests over the last three years—since police shot and killed an unarmed Sean Bell in Queens in November 2006—seeking annual statistical reports about shootings since 1996, as well as data on the race of the victim. The police department produced the reports, but stopped releasing information about race after the 1998 report, at about the time officers shot and killed an unarmed Amadou Diallo in the Bronx in February 1999. Nearly nine out of ten shooting victims in 1996 and 1997 were black or Latino.

Also last week, The New York Times reported that the NYPD released a report showing police officers fired their guns about 16 percent less last year than the previous year. The police report also said that 97 percent of the shooting victims in 2008 were black or Latino.

Despite the year-to-year drop in police gunfire, over the weekend, three officers fatally shot a teenager in Queens 11 times. Police said they spotted 18-year-old Dashawn Vasconcellos and two others leave a city park after hours and a chase ensued. The officers fired 14 rounds after they said Vasconcellos pointed a 9mm semiautomatic pistol at them.

Meanwhile, the NYCLU also says that the NYPD is on track to stop a record number of New Yorkers this year, according to new stop-and-frisk data. The organization says if the current pace continues, 535,000 innocent New Yorkers will have been stopped and interrogated by police by the year’s end.

November 14, 2009

Documentary film about lawyer William Kunstler opens in New York

KUNSTLER_Emily_Sarah_2008_Disturbingtheuniverse_0_posterThis weekend, the documentary film, “Disturbing the Universe,” about self-described radical lawyer William Kunstler, has its New York City premiere at Cinema Village. The film, directed and produced by two of his daughters, Emily and Sarah, for their production company, Off Center Media (which produces documentaries exposing injustice in the criminal justice system), takes a personal look at a man who was known for representing often controversial defendants from the Civil Rights era until his death in 1995. The film was an official selection at the Sundance Film Festival earlier this year.

I haven’t seen the film yet, but I’ve seen some excerpts in an interview with Emily and Sarah Kunstler on Democracy Now!. One of the defendants that Bill Kunstler represented was one of the alleged teenage suspects in the Central Park Jogger case from 1989. Yusef Salaam (who is interviewed in the film) was convicted and spent more than five years in prison for a crime he did not commit (he was exonerated in 2002 when the actual attacker confessed and matched a DNA sample).

The Central Park Jogger case was infamous in 1989 and shock and outrage followed the arrests of the teens. Headlines referred to them as a “wolfpack.” As the teens were convicted in the court of public opinion, Kunstler decided to take the case, as he had taken many others in the past. Unfortunately, he passed away before he could see Salaam be exonerated.

Yesterday, news came from the Justice Department that a number of the detainees held at Guantanamo Bay, including Khalid Sheikh Mohammed, will be brought to New York to face trial in a civilian court. This news has caused the same, if not more, hyperbolic reaction that the Central Park Jogger case did 20 years ago. So I wonder if Bill Kunstler, if he were still alive today, would have represented Mohammed, the self-proclaimed terrorist and mastermind of the 9/11 attacks. I think, considering he represented the so-called Blind Sheikh for his role in the 1993 bombings of the World Trade Center, that Kunstler would. But maybe not. Speaking in 1970 on why he didn’t represent right-wing groups, he said, “I only defend those whose goals I share. I’m not a lawyer for hire. I only defend those I love.” It is true though, that in later years, he would take on cases when he felt a defendant was convicted before the case reached the courtroom. Clearly then, he was a principled advocate who believed in the rule of law, the legal justice system, and the rights of all, no matter how controversial, despised or hated.

November 5, 2009

Police panel to look through lawsuits for bad apples in blue

The New York City Police Department has put together a review panel to look through civil lawsuits that allege police misconduct in order to find out if cops are committing perjury, or are involved in corruption or other wrongdoing. This, all according to the Daily News.

According to the report, in fiscal year 2008, the city paid out $103 million to settle lawsuits against the NYPD. This figure includes $35 million to settle lawsuits that specifically alleged misconduct.

Apparently this panel will increase accountability among the ranks; under the old system, if an individual sued for false arrest, and it comes out in the lawsuit that the officer had lied under oath, the police department might never find out. The city’s Law Department handles settling suits — which sometimes saves the city money by not going to trial — and the NYPD is not involved. Now, with the creation of this police panel, that will change.

But some civil liberties advocates say that this move doesn’t go far enough. In the article, Donna Lieberman, the executive director of the NYCLU, says that the panel will not being looking at “nuisance” cases — those suits that are settled for small amounts, usually $10,000 or $20,000 — and that this will undermine the whole effort by the department to root out the bad apples in blue.

It’s interesting that this news is becoming public just days after the re-election of Mayor Mike Bloomberg to the third term. The police union endorsed Bloomberg this year — and the kind of review committee talked about here is not something the union would likely favor.

November 1, 2009

NYPD accused of racial profiling — by other members of the NYPD!

Most of the time, when we think of racial profiling, we think of an incident in which white cops stop (and-frisk, search, or at times do something worse to) a black or Latino individual. The usual back-and-forth ensues: the victim claims he was racially profiled, and the NYPD says that its officers don’t engage in racial profiling.

Therefore it was fascinating to see a story in the Daily News this past week in which those charging the NYPD with bias—were themselves members of NYC’s Finest.

Three hate crime task force detectives — two black, one Pakistani — were going to door-to-door in the predominantly white Gravesend section of Brooklyn as they investigated a possible hate crime. The three, Faisal Khan, Stephon Garland, and Gregory Wilson were wearing suits at the time.

Next thing they know, according to the report, about 15 members of the Shomrim Jewish Community Patrol show up accusing them of impersonating police officers. Of course, the detectives dispute this. The situation escalates and eventually officers from the 61st Precinct arrive and demand to see the detectives’ identification.

The Daily News reports that a tense profanity-laced argument followed between the detectives and the white uniformed officers. This escalated into what almost became a physical fight and apparently both men had to be restrained.

In the end, Detective Garland felt “he was treated in a disrespectful manner because of the color of his skin,” the report states. Now the NYPD brass is investigating the confrontation to see if there were violations of department rules on either side.

Unfortunately, stories like this one echo other recent incidents, all of which would imply some sort of racial profiling going on, if at the least, sub-conscious on the part of the white officers:

The question remains: are plainclothes or off-duty officers and detectives of color subject to racial profiling? As Daily News’ Columnist Errol Louis has noted, you never see the headline ‘Black cop shoots white cop.’

October 28, 2009

Bloomberg’s Approach to Job Centers Seen As Successful, Despite Criticism

By Kieran K. Meadows

Dozens of jobseekers sized up the others seated in the packed waiting room of the city’s job training center in Brooklyn one recent Friday morning. Fifty people waited to see counselors, attend workshops and improve resumes. The bright blue walls and fancy logos offered a sense of a hope that, despite the city’s highest unemployment rate in 16 years, this center would connect them to a job.

With changes to the job placement system over the last six years, they might have a better chance than ever before.

“The focus has actually changed now,” said John Maul, the coordinator at the Brooklyn Workforce1 Center, one of the job development hubs found in each borough. “It’s more like, ‘Go out and find the companies and what their needs are, and then find the people to fill those. It’s a different perspective,” he said.

The workforce centers are the frontlines in a city that faces the most severe downturn in years. Job losses continue to mount; the jobless rate jumped to 10.3 percent in September and forecasts say it’s not likely to peak for at least another year.

It is against this bleak backdrop that Mayor Michael R. Bloomberg’s overhaul of job development centers is being put to the test. Despite critics who say he hasn’t done enough, the mayor’s emphasis on building strong relationships with businesses that do the hiring—stressing placement over training—is seen as the reason for the overhaul’s success.

The change in focus was long overdue, according to David J. Fischer, the project director for workforce development and social policy at the Center for an Urban Future. “It’s crucial to get employers on board,” Fischer said. The mayor’s shift in focus “has been very good. It was absolutely the right decision,” he said.

Fischer believes that while Mayor Bloomberg deserves credit, it may be more because he overhauled a system that none of his predecessors took seriously.

Keep reading →

October 25, 2009

Despite record homicide-low, many murder trials seen in Brooklyn Court

A flurry of low-profile murder cases have been congesting the Brooklyn State Supreme Court in recent weeks, The New York Times reports. But it quickly points out that this happens every once in a while—in fact, three times a year—at the start of the year, in September after summer vacation and in the months preceding the holidays.

The Times offers an interesting glimpse into the world of the courtroom trial (or many in this case) long after the headlines about the latest murder in the city’s tabloids have disappeared. In fact, many of the cases in Brooklyn’s criminal court on Jay Street never were in the newspapers to begin with. The article states:

By and large, these were not the sort of trials that gain wide public notice or have multiple books written about them. They were quieter cases. Still, violence had occurred. People were dead.

“People were dead.” This definitely sticks with you for a moment. The Brooklyn district attorney’s office has completed 51 murder trials this year. That’s 51 people who were murdered. And except for the families of the victim or the defendant, no one pays attention to these trials. That’s why The Times’ piece is so good. It offers a quick snapshot into one day at the court and puts some names and faces to the statistics, the record-lows and the unnamed numbers of people affected by the loss of life.

While rather morbid, The Times has also put together an interactive city map that shows all the homicides since 2003 (each geo-tagged) and allows the reader the ability to break down the statistics visually. It’s definitely worth a look.

October 17, 2009

Mayoral candidates talk about stop-and-frisk at debate

AP

Courtesy: AP

Police in the U.S. stop more than one million people on the street each year. Civil liberties critics say that the stop-and-frisk tactic employs racial profiling. It’s hard to argue with the numbers—most stops are of black and Latino men. The New York City Police Department is a staunch defender of the practice and out of the million stops cited by the AP, the NYPD will be responsible for about 600,000 of them by year’s end.

Therefore it was no surprise that at the mayoral debate last Tuesday evening (see 45:30 in NY1 video), the issue of NYPD tactics under Mayor Mike Bloomberg came up when the Daily News’ Adam Lisberg asked challenger and current Comptroller Bill Thompson to clarify his position with regard to the stop-and-frisk policy.

I was at the debate along with two of my colleagues (check out Lindsay Lazarski’s post re: education) and my ears perked up when I heard Lisberg’s question.

Keep reading →