LexPress: Same Sex, Different Venue
By Lily Henning
03-14-07
The Westchester executive's order on same-sex marriages is upheld, the cops gird for indictments (or not) in the Sean Bell shootings, and the cost of Legal Aid is debated.
A ROSE IS A ROSE
Westchester County Executive Andrew Spano was in the clear when he ordered that his jurisdiction recognize same-sex marriages from other jurisdictions, a state Supreme Court justice has ruled. Justice Joan Lefkowitz dismissed a taxpayer action filed by three Westchester residents who claimed Spano had exceeded his authority when he ordered that “every department, board, agency and commission” in the county recognize the unions. The New York Law Journal notes that the benefits that become available to couples under the order are health insurance for spouses of county employees and emergency housing. The decision, which will be published this week, splits with that of Nassau County Supreme Court Justice Edward McCarty III. He ruled in July 2006 that Canadian same-sex marriages could not be recognized because of a state law excluding the unions. In her decision, Lefkowitz called Spano’s order a policy device not a law: “A rose is a rose is a rose is a rose,” Justice Lefkowitz wrote. “The Court finds that the Executive Order is exactly that — a policy implementation device in accordance with the current and evolving state of law on recognition of same-sex marriages out-of-state.”
COPS GIRD FOR GRAND JURY RESULTS
Indictments by a grand jury could come as early as today in the Sean Bell shooting case. More than 60 witnesses have testified before the Queens grand jury, which is slated to begin deliberations. Bell’s shooting death in November of last year sparked accusations that the NYPD unfairly targets black and Hispanic men. The police department now says it is prepared with 1,700 officers at the ready for protests pending the grand jury’s decision. Yesterday Mayor Bloomberg urged calm.
THE COST OF LEGAL AID
The City Council isn’t warm to the idea of increasing the Legal Aid Society budget, also reported by the New York Law Journal. The agency wants a $4.4 million hike. A not-so-happy detail for Legal Aid: its per case cost of handling criminal matters is “substantially higher” than five other groups.
INMATE SUICIDE SUIT
The mother of an convict who committed suicide while in the Albany County Jail is suing the county sheriff’s department and mental health staff. Rhonda Kutey says the prison staff did not take the necessary measures to make sure her mentally unstable son was unable to harm himself, as he had threatened he would. The suit was filed in federal court a few days after the suicide death of another inmate in the jail, the Albany Times Union reports.
KERIK AND STICK
He once had a jail named after him, and now Bernard Kerik himself is trying to avoid entering prison. The city’s former police and corrections commissioner is reportedly refusing a plea agreement that involves jail time. The New York Times reports that federal investigators offered to end their criminal investigation in exchange for his guilty plea to federal tax fraud and wiretap conspiracy.
THE PEOPLE'S BRIBER
Former Atlantic City Council President Craig Callaway finally goes to jail, but not without one final message. The lead on this Associated Press story sums it up: “Craig Callaway walked into federal court with his head held high and his middle finger raised even higher. After his supporters were done cursing, pushing and shoving reporters, the disgraced former Atlantic City Council president offered up a populist twist on the latest in a seemingly endless string of political corruption cases in New Jersey: He said he took bribes “for the people.’ ” U.S. District Judge Joseph Rodriguez sent the 47-year-old to prison for 40 months for taking five bribes from a contractor working as an FBI informant. Among Callaway’s misdeeds while out on bail awaiting sentencing in the bribery case: setting up a rival councilman to be filmed with a prostitute and trying to blackmail him into resigning.

