Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Homeless NYC arsonist who torched Fox News' giant 50ft Christmas tree could be back on streets within HOURS because judge can't set bail under 2020 criminal justice reforms
Daily Mail ^ | 8 December 2021 | Jennifer Smith

Posted on 12/08/2021 1:02:44 PM PST by Trillian

The 49-year-old 'arsonist' arrested for setting fire to the Fox News 50-foot Christmas tree could be back on the street in hours because of the city’s lenient bail reforms.

Craig Tamanaha, who is described as homeless and 'emotionally disturbed', faces six misdemeanor charges for torching the tree and under the 2020 criminal justice reforms that means judges are advised to release the accused.

Arson is only constituted as a felony in New York if the perpetrator harms or attempts to harm a person or if the act is considered a hate crime.

Fox News employees called police after watching Tamanaha climb the tree at 12.14am Wednesday and set it on fire. He tried to scramble away, but was taken into custody.

"There's no question that the legislature has got to reevaluate the nooks and crannies of the bail statute because it's leading to absurd outcomes,’ Mark Bederow, a former Manhattan prosecutor turned criminal defense lawyer, told Fox News.

In order for a judge to set bail, Tamanaha would have to have been charged with at least third-degree arson, which constitutes a hate crime.

"You'd have to intentionally damage a building or vehicle by starting a fire or explosion as a hate crime, which is an extraordinarily high bar for bail eligibility. Having a personal bias or animus toward Christmas doesn't legally cut it,’ Bederow added.

When a suspect is released on bail for a crime against another person, that person can be granted an order of protection to make sure the suspect stays away from them.

But there is no legal order a judge could give to prevent Tamanaha from approaching the Fox News tree again. "You can't give the Christmas tree an order of protection, so security will have to stand guard," Bederow told Fox News.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Chit/Chat; Society
KEYWORDS: arson; criminalrelease
Navigation: use the links below to view more comments.
first previous 1-2021-23 last
To: Trillian

“Rockafeller tree here I come!”


21 posted on 12/08/2021 3:28:21 PM PST by The MAGA-Deplorian (. Democrats are lawless because Republicans are ball-less!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Trillian
Homeless NYC arsonist who torched Fox News' giant 50ft Christmas tree could be back on streets within HOURS because judge can't set bail under 2020 criminal justice reforms

Who else immediately thought of the days of Snake Plissken.

22 posted on 12/08/2021 4:44:28 PM PST by higgmeister ( In the Shadow of The Big Chicken)
[ Post Reply | Private Reply | To 1 | View Replies]

To: libertylover

“You’d have to intentionally damage a building or vehicle by starting a fire or explosion as a hate crime, which is an extraordinarily high bar for bail eligibility. Having a personal bias or animus toward Christmas doesn’t legally cut it,’ Bederow added.

____________________________________________________

Is it an animus towards Christmas or Christians? I he were to burn down some sort of Jewish or muslim symbol would that not be considered a ‘hate crime’ by the Left?


23 posted on 12/09/2021 12:02:47 PM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-23 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson