Justice should not be too busy to help victims of crime
Many of us remember the terrible abduction, rape, and murder of Stephanie Roper. She was a college student in 1982 when her car broke down on a back-country road one spring night in Maryland. Two men took her at gunpoint, tortured and raped her, set her on fire, shot her, and dismembered her body.
Her family was excluded from seeing the trial and they were not allowed to tell the judge how this heinous crime had affected them. Her mother, Roberta Roper, became a dedicated crusader for victims’ rights. When, in 2004, the federal Crime Victims’ Rights Act was passed, it was named, in part, for Stephanie Roper.
Victims reading their impact statements — often televised — is now a common sight before criminals are sentenced in high-profile crimes. But what about small crimes, misdemeanors, like petit larceny? These are crimes we rarely know about, but they affect people’s lives every day.
New York State has its own victims’ bill of rights, which outlines eight rights:
— If you’re a victim, you are entitled to a free copy of the police report, even if you weren’t physically injured;
— If your driver’s license, registration, or plates were lost or stolen because of a crime, you don’t have to pay for replacements;
— If a criminal case means you’ll miss work, a police officer or district attorney can explain this to your employer and creditors;
— Further, you can’t be penalized by your employer for time missed from work to prepare for prosecution or to appear as a witness, although you may not be paid your wages;
— You can file for compensation and assistance for certain kinds of crimes; claims must be filed within a year;
— If you give the district attorney your address and phone number, you have the right to be notified of the accused person’s arrest; of his or her first appearance before a judge; of release from jail while the criminal proceeding is pending; of entry of a guilty plea, trial, and sentencing; of maximum and minimum terms of imprisonment; and of parole hearing dates;
— If you are threatened or your property is damaged by anyone connected to your case, you should contact the district attorney right away. Intimidating a victim or a witness is a felony;
— You can learn about the discharge or escape from prison of a prisoner who has harmed you. You can fill out a form from the district attorney to let you access the New York Victim Information and Notification Everyday system, known as VINE. You can call 1-800-VINE-4NY or go to www.vinelink.com to secure information about incarcerated defendants.
We’re highlighting victims’ rights this week because of a recent phone call we received from Robert LeVine. His 93-year-old father is well known in Guilderland. For decades, he headed the Western Turnpike Rescue Squad and, in summers, when he wasn’t teaching physical education, he ran a camp for kids a Tawasentha Park.
He’s blind now and lives on a fixed income. He hired a plumber for some needed work, his son said, and, when the plumber was advanced $600, he took the money and left without doing the promised work.
Robert LeVine filed a complaint with the Guilderland Police and the plumber was arrested. So far, so good. The problem arose because LeVine didn’t know how to proceed from there. He says he called the police many times and either wasn’t called back or was told the police couldn’t help. He didn’t know where to turn to get back his father’s money.
He called The Enterprise after he saw the arrest listed in our “Blotters” round-up. That sent Guilderland reporter Elizabeth Floyd Mair digging deep. Here’s what she found, simply put: Victims of crimes should call their local court to find the date their case will be heard and victims of crimes like petit larceny should call the district attorney’s office if they want to find out about restitution.
An assistant district attorney assigned to the local court, in this case, Guilderland, is to phone the complainant to discuss the case, according to Cecilia Walsh, spokeswoman for the Albany County District Attorney’s Office.
After our reporter called the district attorney’s office, LeVine did, indeed, get a call. But it shouldn’t take such prodding. And local police departments and local courts should have the information on hand to readily give to crime victims.
We know; we know. Everyone serving justice is too busy doing their jobs to take on any more. The police are busy making arrests; the district attorney’s office is busy making cases for the people; the courts and their clerks are busy with hearings.
But the victims of crime must not be forgotten. It wouldn’t take much time, just a bit of organization for local courts and police departments to have a flyer ready to mail or email to victims — or read to them if they call on the phone like LeVine did — to inform them about their rights and how to proceed.
LeVine was disheartened to learn, even if the plumber is found guilty, his father may not get back his full $600. LeVine hopes to be able to give a victim’s impact statement before the sentencing, which Walsh tells us is at the judge’s discretion.
We urge the judge to allow it. LeVine has told us his father needs every penny of his stolen money. We believe the judge should hear that, too.
If the plumber is found guilty and is working, part of his wages should be held until the stolen money is repaid.
“It’s called the ‘criminal justice’ system, so it is a system meant to protect the rights of those accused of a crime,” said Walsh. But the victim’s rights are important, too.
“We try to take a victim-centered approach,” said Walsh. “We take an extra step here, to make sure victims’ rights are being upheld.”
We hope others will learn from this and not have to suffer the frustration Robert LeVine went through. If you’ve been victimized by a crime — not just for high-profile crimes like murder but for smaller crimes like petit larceny, too — you have a right to justice.
— Melissa Hale-Spencer