Legal Aid and DAs disregarded the law, leading to the release of NYC stabber

The failure of New York’s criminal justice system to protect crime victims is largely attributed to its attorneys. Why aren’t prosecutors requesting mental competence exams more frequently at arraignments involving the mentally disturbed? Why aren’t public defenders advocating for them on behalf of their mentally ill clients?

Ramon Rivera, the suspect behind a recent Manhattan stabbing spree that resulted in three fatalities, had a history of recidivism that should have raised red flags for prosecutors, Legal Aid lawyers, and judges.

As someone who works in the criminal justice system, it is evident that identifying extreme mental illness in individuals being prosecuted should not be difficult. The 730.30 process, a tool to evaluate psychological incapacity, is not being utilized effectively by the City of New York to protect the public from mentally ill individuals.

Under New York state law, criminal courts are mandated to order psychological examinations for defendants believed to be psychologically incapacitated. However, this practice is not standardized in NYC, leading to missed opportunities to address mental health issues in the justice system.

Rivera should have been held for a psychological examination and hospitalized to safeguard both the public and himself. Releasing mentally ill individuals without proper intervention is negligence, and fails to address the public safety concerns presented by individuals like him.

Gov. Kathy Hochul’s efforts to empower judges to make custody decisions for offenders who pose a threat to society was a step in the right direction, but legal aid representation also plays a crucial role in advocating for the well-being of mentally ill clients.

The Legal Aid Society, a well-funded organization, should prioritize advocating for 730.30 interventions in cases involving mentally ill individuals. Prosecutors and judges also have a responsibility to protect the public by utilizing available tools to address mental health issues in the justice system.

The tragedies caused by individuals like Rivera could have been prevented if legal authorities had intervened appropriately. New York City must prioritize addressing mental health issues within its homeless population and utilize tools like the 730.30 process to prevent future senseless crimes.

Shame on all those who failed to act in the best interests of public safety. It is imperative that New York City improves its approach to addressing mental health issues in the criminal justice system to prevent further tragedies.

Michelle Esquenazi is president of the National Association of Bail Agents and of the New York State Bail Association.