The Freeman's Journal 02-03-22

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Volume 214, No. 05

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Cooperstown, Oneonta cheer ‘library love’ month, page 3

VISIT www.

AllOTSEGO.com, OTSEGO COUNTY’S DAILY NEWSPAPER/ONLINE

Cooperstown, New York, Thursday, February 3, 2022

Newsstand Price $1

Otsego County’s DA calls discovery, bail ‘form over function’ Ted Potrikus

Kathleen Peters

Just kidding around That’s mama goat — named Susan Sontag — wondering who put the sweaters on her newborns as the barely one-day-old babies probably wonder why it suddenly got so cold. We’re told the kids remain nameless at press time, so send us your suggestions for the photogenic little ones!

INSIDE ►HARTWICK ‘BURGLARY: Was the January incident just an accident? Page 2. ►SUNY STUDENT: Oneonta Police continue to investigate circumstances surrounding tragic death of SUNY student, page 3. ►BEER THAT’S GOOD FOR YOU?: Cooperstown’s resident brewmaster teams up with Cowboy great for a new take on lager. Page 8. ►A FEW THOUGHTS ON IMPORTANT THINGS: Our columnists this week aren’t surprised by redistricting ‘process,’ consider the variant to the variant, and wonder what happened to the famous sunset on Key West. Plus letters to the editor. Pages 4, 5, and 6. Follow Breaking News On

AllOTSEGO.com

Court keeps Gov’s mask mandate in place through appeal process New York’s Appellate court on January 31 granted a full stay to Governor Kathy Hochul’s mask mandate for all public indoor spaces for the remainder of the appeals process currently underway. A state Supreme Court judge first struck down the mandate as unconstitutional on January 24, a second court overturned that decision on the Governor’s appeal. The January 31 Appellate court ruling keeps the mandate alive through the next court date in the appeal — March 2, 2022. New York’s guidance requiring students and teachers to wear masks in school remains in effect; officials from the State Health Department said that “guidance,” unlike the “rule” under judicial review, would remain in place regardless of the March 2 outcome. The governor last week also extended her mandate until February 10, promising to revisit her decision biweekly. During a

February 1 COVID briefing, the governor applauded a steep drop in the state’s existing caseload but said she is “not prepared to throw in the towel and say we’re done fighting COVID. We’re not taking our foot off the gas.” At the February 1 briefing, the Governor said New York has experienced a 92 percent drop in COVID-19 cases since its January 7 peak, with a 43-percent drop in related hospitalizations from the state’s January 12 peak. She first announced the “winter surge” requirement on December 10 with an executive order mandating masks to be worn in all indoor public places unless businesses or venues implement a proof-of-vaccination requirement for anyone 12 years of age or older. The state’s mass vaccination sites remain open to all eligible New Yorkers aged five and older.

Otsego County District Attorney John Muehl is stark and passionate about New York State’s criminal justice reform to the point where — absent modification to the new laws — he won’t seek reelection in 2023. He’s on the record with that pronouncement from late last year, frustrated that from his point of view, New York’s bail and discovery statutes don’t let him do his job. “With the combination of bail and discovery reform, for all practical purposes, they’ve legalized drug sales,” Mr. Muehl said in a conversation with The Freeman’s Journal/Hometown Oneonta. “Every night I think about the drug dealers that we’re just not doing anything with and all the drugs they’re pushing on kids in the city and around the county.” The discovery law requires prosecutors to disclose their evidence earlier in case proceedings and eliminates the need for defense attorneys to make written demands to obtain and review evidence. The prosecution must allow the defendant to “discover, inspect, copy, photograph and test” all materials relating to the subject of the case, including the names and contact information for any person with relevant information regarding the case. In some cases, the law requires prosecutors to disclose the name and contact information of confidential informants. Bail reform eliminated the option for judges in New York to set cash bail for most lowerlevel and nonviolent crimes, requiring judges to release people charged with most misdemeanors and nonviolent felonies with the least restrictive conditions necessary to reasonably ensure the person will come back to court. “In order to prosecute a drug dealer, you have to have somebody be a confidential Otsego County District informant,” he said. “Dealers Attorney John Muehl in a aren’t just going to sell to file photo. people they don’t know. So we would get somebody in trouble — a drug user — and in order to get their charges reduced or get some consideration they would go out and buy drugs for us. The police had excellent buy plans — everything video- and audiotaped with rock-solid excellent cases.” “Now you don’t get any,” he said. “Before discovery (reform), 75 of 100 indictments in a year would be drug sales. In 2021, instead of doing 75 drug cases, I did two. Do you think that drug dealers stopped selling drugs? Nobody will be a confidential informant because we have to turn over their information under discovery rules.” “It’s really legalized the sale of hard drugs: cocaine, meth, fentanyl, heroin,” he said.

Form over function The District Attorney, however, takes no issue with the underlying intent of the bail and discovery reform laws — both of which will be front-and-center throughout this year’s campaign for New York’s governor, state Legislature, and other seats. Together they make for a singular hot-button issue that flares with every report of crimes violent and otherwise in every corner of the state. Continued on page 6

THE FREEMAN’S JOURNAL & HOMETOWN ONEONTA, OTSEGO COUNTY’S LARGEST PRINT CIRCULATION 2010 WINNERS OF The Otsego County Chamber/KEY BANK SMALL BUSINESS AWARD


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