District Attorney Cyrus Vance, Jr.
By Carol Tannenhauser
If ever an action defined the term “hate crime,” it was that of a white man from Baltimore who came to New York City last week with the sole intention of killing black men. He stabbed 66-year-old Timothy Caughman to death with a sword in Chelsea, before turning himself in.
He chose our city because of the media attention he thought he would garner, so let’s give him none. Instead, let’s honor Timothy Caughman, the innocent victim of hatred, as elected officials and Upper West Siders did last Thursday night, at a community forum on hate crimes, hosted by Manhattan District attorney Cyrus Vance, Jr. and City Council Member Mark Levine. Caughman was a 66-year-old former antipoverty worker who lived in Queens and liked to discuss philosophy and religion, according to the Times.
The hate crime forum, held at the West Side High School at 140 West 102nd Street, was meant to raise awareness and educate, in response to the increase in hateful harassment and intimidation in the city and country since the 2016 presidential election. Among the questions addressed at the forum was when do these incidents cross the line to crime?
At the forum, Assistant District Attorney (ADA) Jeanne Olivo presented the following scenarios, asking the audience to determine which one(s) would qualify as hate crimes under the law:
#1 A woman is walking down the street, wearing a hijab. A stranger walks up to her, calls her a terrorist, and tells her to go back to her country.
# 2 The same woman is walking down the street wearing a hijab. The same stranger walks up to her, calls her a terrorist, tells her to go back to her country, punches her in the face, and causes physical injury.
# 3 The same woman, wearing a hijab, is driving in her car and finds a parking space. The same stranger, finds the same spot at the same time, gets out of the car, pulls the woman out of her car, they have a terrible argument about the parking space, the stranger punches her in the face, calls her a terrorist, tells her to go back to her country, and causes physical injury.”
The answer is only #2, and here’s why, according to DA Vance. As far as #1, “Words alone, without criminal conduct, do not constitute a hate crime,” he said. Regarding #3: “What you’re looking for, essentially, is factual proof that the crime was motivated by bias, as opposed to bias being expressed incidentally in the commission of the crime.” #3 is still a crime, just not a hate crime.
The designation of hate crime can have profound implications on the seriousness of an offense and the punishment. In the case of the Chelsea murder, said Vance, “the evidence is clearly suggestive that this was a hate crime and that’s why the charge was elevated from ‘Murder 2’ to ‘Murder 2 as a Hate Crime.’ What that means is that, instead of a mandatory minimum of 15 years, the mandatory minimum is 20 years.”
Here is the legal definition of a hate crime, according to the New York State Hate Crimes Act of 2000:
“…a person commits a hate crime when he or she commits a specified offense and intentionally selects the victim, or intentionally commits the act, in whole or in substantial part, because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, regardless of whether that belief or perception is correct.”
Questions were raised: Is bullying a hate crime? Is job discrimination? Is graffiti? ADA Olivo said, “You have to look at the totality of the factors and evaluate if it can be proven beyond a reasonable doubt.”
Also, in order to be designated a hate crime, the underlying crime must be on a list of “specified offenses,” including murder, grand larceny, assault, and others. “Graffiti making” is not on the list, so it cannot be a hate crime. However, Criminal Mischief in the 4th Degree, a Class A misdemeanor (intentionally damaging the property of another person), is listed under that section, and so can be used in certain circumstances.
The etching of swastikas into the wooden doors of the Fourth Universalist Society in the City of New York, on Cental Park West at 76th Street, for example, is being investigated as a hate crime. “The culprit has not been caught unfortunately, although we know that these things can take time,” Rev. Schuyler Vogel,” wrote the WSR, on Saturday.
At the forum, all were encouraged to use the DA’s hotline to report potential hate crimes and to access social services and referrals available for hate-crime victims. The number is 212-335-3100.
The evening ended with a stem-winder by a surprise and heartily welcomed latecomer, Manhattan Borough President Gale Brewer, straight from City Hall. “We have to be aware of this,” she said, amid shouts of “Go, Gale!” and cheers. “We have to fight it. And we have to understand why the hell these people are so filled with hate.”
Photos by Carol Tannenhauser.
Gale Brewer states “…we have to understand why the hell these people are so filled with hate.” People hate because they are taught that people who are different are a threat to them somehow. Either they pose a physical threat, as terrorists, or an economic threat, as illegal immigrants “stealing” American jobs and therefore money, opportunity, etc. Hate is born of fear and we will never stop fearing each other until we learn to listen to each other. When we listen we learn how much we have in common, that our basic needs and wants in this life are the same. The earth and its environment are abundant with resources so our fears are not based in truth, they are based on how we behave toward each other. Unfortunately, without income and resource redistribution and without taking responsibility for stewardship of the Earth and all who inhabit it, man, animal, plant life and the Earth itself, this will never change and in the not too distant future we will see the demise of our species. Sad, but true. We create our own suffering and we alone can change that but we must do it together.
Unfortunately ethnocentrism is wired in, not learned, and it takes effort to counteract the fear and hate. We should be very proud of the grand melting pot experiment which is New York, but we must understand why it takes work to maintain and grow it, and why tolerance isn’t the norm everywhere.
“We create our own suffering”? Tell that to the families of those who died on 9/11. Too long ago? How about those that were murdered in London last week.
Perhaps we should go back beyond 9/11 and think about what led to that terrible event as well.
You can’t look at history starting in the middle. What happened on 9/11 (and last week) was terrible, but it wasn’t where all this began.
@EricaC — your remarks are shameful. let’s go back in time and have a chat with Pol Pot on why did he kill so many. Or Stalin. Or Himmler. Yes, let’s listen to them all and UNDERSTAND why they think the way they do.
Don’t worry EricaC – in this world there are thinkers who understand why we study history and then there are the emotional types with whom you can’t really have an adult discussion.
It’s clear you are the former.
you’ve done more to damage your point of view with your own words than my critique of you ever could: “there are explanations for what happened in history. Not reasons that justify, but reasons that explain”. To be receptive to “explanations” of what leaders did to murder millions of people is ______. (fill in the blank).
No, you remarks are not shameful, but your response to me is. You can disagree without name calling – or at least, you *should* be able to disagree without name calling.
I do not in any way condone what those people did, nor do I want to see more of it. But to pretend that this is where history begins is both wrong and counterproductive. In the end, if we don’t deal with problems, they fester and continue.
As for Stalin and Pol Pot – well, I know a lot more about Stalin than Pol Pot, but I know that even there, there are explanations for what happened in history. Not reasons that justify, but reasons that explain. If you don’t understand the reasons, you cannot stop history from repeating itself. The same is true of what led to those terrible events here.
Beautifully stated, Kathleen. Thank you.
Is rape a hate crime?
Why was Helen Rosenthal a no show at the Anti Hate Forum? This was such an important event and she actively promoted it. Seeing that empty seat next to Mr Vance was a constant reminder of her lack of leadership and commitment to our community. A photo op is not leadership. When you add this now show to her disgraceful behavior at Jimmy Breslin’s funeral, and actively fundraising Goldman Sachs employees via email, you realize that she is unfit for office. It’s time for a change, and it’s time for a new city council member who represents the UWS the way Gale Brewer did. This kind of behavior is better suited in the Trump Administration.
They announced that Helen Rosenthal was on a cultural exchange with other council members to Japan. She ws invited after the event had been scheduled and everyone knew she wouldnt be there. The empty chair was for Bill Perkins who didn’t show. They made that pretty clear.
@ZIN – Don’t believe that’s the case. Helen Rosenthal is the one who scheduled the date in the first place, and it was done a while ago. I received many emails. She said she was hosting the event with Mark Levine. Check her site and you can still see it for yourself.
Not only was Rosenstall a No Show at the Forum, but questions were raised about why she should be a sponsor of the event in the first place. Was the West Side Rag even there????.
Helen was repped by an empty chair the whole night. Well, Mark Levine served as her Chief of Staff as he defended Rosenthal’s absence and her inflammatory use of race in other community issues. The well known fact that phones at Rosenthal’s office ring for hour without being answered give victims and potential Hate Crime victims a literal pause when it comes to who to call for help.
WEST SIDE RAG: PLEASE – with all due respect, do not be inaccurate or leave out important facts. You describe this event as “a community forum… hosted by Manhattan District attorney Cyrus Vance, Jr. and City Council Member Mark Levine.” INACCURATE. THOSE ARE NOT THE FACTS. It was a forum hosted by Council Member #HelenRosenthal and Council Member #MarkLevine. PROBLEM IS #HELENROSENTHAL WAS A NO-SHOW. Why on earth do you not report that?? For weeks, #Helen Rosenthal has been sending around flyers about this forum with HER PHOTO front and center for what she refers to as an “issue of great concern.” She is also the same Council Member who has publicly deemed herself “the only one” who understands the importance of diversity. (Somehow that importance flew out the window when a hate crime discussion came up). No matter how anyone feels about her, it is significant that #HelenRosenthal was not there, especially when she claimed to be hosting the event. West Side Rag: Usually your publication does solid work, but this time we are disappointed. Many of us expect more from you. Thank you for listening.
So wait, going to Japan for a “cultural exchange” on taxpayer’s money was more important than attending her own anti hate forum with her constituents? That’s even worse! Talk about misplaced priorities!
And how will going to Japan — on our dime — help Ms Rosenthal to represent the Upper West Side on the New York City Council? She is a local representative supposedly representing a locality on a local legislative body.
Why did we pay for this other-side-of-the-world junket when it can’t possibly do us any good? How will exposure to the culture of Japan enable her to represent West 86th Street (to pick one) in the New York City Council?
This is an outrageous waste of our taxpayers’ money.
Guess maybe she’s thinking Ambassador Rosenthal???
Bill has her head so gassed up, she thinks that her seat is in the bag. Unfortunately, thats what happens when you escape indictment. Even the minions think they are untouchable. Rosenthal is a waste and if we let her stay in as our council rep in the Trump era, we deserve whatever we get (or don’t get)!
Everybody knows Helen got elected because the voters got their Rosenthals mixed up,they thought it was Linda they were voting for…HOPEFULLY THIS WILL BE RECTIFIED IN THE NEXT ELECTION!!!!!
Any voter who actually was careless and lazy enough to have made a mistake such as that perhaps deserves to live with the consequences of it.
According to this some of the Trump protesters would be guilty of hate crimes.
Helen Rosenthal picture all over the flyers and but a. O show. She was in a cultural exchange in Japan on using my tax dollars? I can’t wait for her to be out of office. And please people she – I also used to mix her with Linda – what a big mistake. Helen only cares about looking good but in reality she is after very special interests (Goldman Sachs, real state moguls UWS). Time to retire Helen.
can you give some examples of how Helen Rosenthal has defended the interests of Goldman Sachs, in general and also at the expense of the 99% on UWS?
also, an example of how she has stood up for the real estate moguls?
I have heard this about her but i haven’t seen it myself. so i am interested in the substance.
in general, we have many right wing commenters on WSR who always defend real estate interests. they don’t seem to be flocking to support Helen Rosenthal. in fact, they don’t seem to like her.
that in itself does not refute your point, but i would like to see some evidence/
Hopefully we can get our legislators in Albany to expand this narrow definition of hate crime to include support of Trump, because right now there are a lot of unhappy people out there who need a safe space. Imprisoning Trump supporters would give them that. Sure, it might swell our prison expenses a bit, but a tax on the 1% would solve that.
The obvious implication of both all those involved in this “hate crimes”
forum as well as the author of this article and those who have commented
on it here is that President Trump and his supporters are to blame for
this alleged rash of “hate crimes”.
Is this narrative supported by any actual evidence? Has there been so
much as a single, documented instance of a “hate crime” committed that
has been linked, with credible evidence, to supporters of the President?
If there has been, I am not aware of it. What I am aware of are
many instances of incidents that were reported as “hate crimes”
and blamed on the President and his supporters, only to
subsequently be revealed as hoaxes. In nearly all cases these
have been perpetrated by none other than a member of one of the very
groups that had purportedly been targeted for attack.
Most recently, on March 23rd, just three days before this WSR story was
posted, CNN reported that:
A
Jewish teenager was arrested Thursday in connection with a series of
bomb threats that have rattled Jewish institutions and community centers
across the United States and other countries
Making this story all-the-more salient here is that, from what is
reported in the CNN article linked above, it appears highly likely that
the threats made by this (Jewish) Israeli-American teen may very well
account for most of the total number of such threats that have
been reported since the election in November. Perhaps, even, nearly
all of them. Yet, despite such glaringly obvious relevance, no
mention of this revelation is to be found in either this WSR story nor
any of the comments that appear on this page, save for mine. Likewise
absent is any mention of any of the numerous other, similar
revelations, all documented, that preceded this one. A web search
for “”hate crime” hoax” should yield many examples. (Look, especially, for a subreddit
devoted to the topic as well as a site whose URL before the suffix is
“fakehatecrimes”. Both are comprehensive databases of such incidents,
with links to coverage in mainstream media.)
On February 5th, WSR posted a story with the headline,
PASSENGERS
BAND TOGETHER TO ERASE SWASTIKAS AND HATE SPEECH ON THE 1 TRAIN
The clear suggestion, found in both the article as well as a number of
the comments on it, was that the vandalism had been the work of
“Deplorables” influenced by President Trump (i.e., White
anti-Semites). But not a single shred of evidence was presented that
would support such an assumption or even provide any clue whatsoever as
to who had been behind the vandalism-in-question.
Also troubling about the February 5th story is the fact that the
passengers, in taking it upon themselves to remove the anti-Semitic
graffiti they encountered, destroyed potentially valuable evidence of
a crime. The graffiti should have been reported to the police and
left untouched until they arrived at the scene to examine it.
There certainly have been a number of incidents of “hateful harassment and intimidation” and even, in some cases, actual physical violence since the election. But the only incidents of either (and, in fact, both) that I am aware of for which there is any evidence connecting them to the election have been those that were directed against supporters (and even family members) of the President, by individuals and groups that were clearly enemies and opponents of his.
Just some of the many examples of the above can be found at the URLs below.
Exemplary “love” and “tolerance” exhibited by anti-Trump rioters– a montage:
https://www.youtube.com/watch?v=kUyM8HSYYuM
More peace and love:
https://www.youtube.com/watch?v=z2jE0HPeZVI
AP Footage: Anti-Trump rioters smash bus shelters, set fires in Portland
Group Yelling ‘You Voted Trump’ Beats Man In Intersection, Steals Car
Anti-Trump protests turn violent:
‘People Have to Die’: Anti-Trump Protester Calls For Violence on CNN
Was there any mention at the “hate crimes forum”, by any of the speakers, of any of the incidents I cited or points I made in these two comments?