LexPress: MetroCard Law
By Jason Boog
jasonboog@judicialstudies.com
Posted 11-19-2008
As the State Senate scrambles to set up leadership, a murder suspect receives crucial support from 21st Century transit technology.
SENATE SCRAMBLE
New York State Senate negotiations continued yesterday as Republican legislators chose their leader. While leadership is no longer in question, the Senate's power balance is yet to be determined--a few Democrats have threatened to switch parties and spoil their party's recently won majority. As Judicial Reports discovered last week, these developments will play a crucial role in the make-up of the Senate Judiciary committee and many other judicial decisions. From the New York Law Journal: "Senators said the closed-door vote was unanimous and that Mr. Skelos faced no opposition. Though GOP Senate aides announced that Mr. Skelos was re-elected "majority leader," it appears more likely he will preside over a minority in the Senate starting in 2009. Democrats wrestled two seats from incumbent Republicans on Election Day and will have a 32-30 advantage starting in January."
METROCARD SAVE
Federal judge Victor Marrero made front page headlines at the New York Times this morning, as a murder defendant in his courtroom was released on bond with a remarkable piece of evidence: his MetroCard. A murder suspect was released after a private detective discovered that Jones' transit pass had recorded his movements the night of a murder--reinforcing his attorney's contention that Jones could not have been at the murder scene. From the report: "Prosecutors have not dropped the charges, and said in court last month that their investigation was continuing. They declined to comment about the case outside court. In his ruling, Judge Marrero paraphrased a saying about change by the Greek philosopher Heraclitus. The judge wrote: "The river now flowing by is not the same river that passed by yesterday.'"

