‘A Bold Choice’

Re: “A Bold Choice,” Editorial, June 20, 2005. Senator Schumer said of Supreme Court nominee John G. Roberts: “Many of his personal views are unknown.” As a member of the Judiciary Committee, the senator should recognize that not knowing the judge’s personal views does nothing to diminish the judge’s qualification for the highest court – indeed, it may be a plus. It is past due that it be understood that a judge must rule based on the law and be capable of putting aside any personal views about whether a ruling may be socially desirable. The latter is for our representatives in the political branches to thrash out.

Only three of 55 GOP senators voted against the confirmation of left-wing activist Ruth Bader Ginsburg, despite her refusal to answer the questions of senators about how she would rule on particular issues. Nevertheless, Mr. Schumer characterized Judge Roberts’s refusal to answer a question during Judge Roberts’s confirmation hearing for the D.C. Circuit Appeals Court as an evasion. Mr. Schumer tipped off the double standard he has planned for the nominee of a Republican president when he said, “Now it’s a whole new ball game.”

EVAN WAGSHUL
Brooklyn

‘Worst Politician’

Re: “Silver Dismisses O’Reilly’s Charge That He Is the ‘Worst Politician in America,'” Brian McGuire, New York, July 20, 2005. Mr. McGuire’s article focused on the name-calling between Bill O’Reilly and Sheldon Silver and, I believe, may have left readers without a balanced view on New York State’s effort to deal with sexually violent predators.

The facts on the state of play of legislation in New York state are:

* New York’s legislative bodies have been considering a civil commitment law to deal with sexual predators for five years.

* For three years, Governor Pataki has proposed and the New York Senate passed legislation that provides for civil commitment of sexually violent predators.

* Most recently, in April 2005, the Senate passed this bill by 58-2. There was overwhelmingly bipartisan support for the bill in the Senate. Mr. McGuire’s article saying “Republican led” Senate was true but not fully informative.

* For the last three years, Mr. Silver has not allowed the Assembly bill, A.2693-Civil Commitment of Sexually Violent Predators, to come to the floor for a debate and vote.

* It is only recently, on July 13, 2005, that Mr. Silver agreed to allow public hearings, after the legislative session had passed. Moreover, it would appear this was partially in response to the uproar in Westchester County following the recent violent afternoon murder of Concetta Pusso-Corriero at the Galleria Mall in White Plains by previously convicted sex offender Philip Grant. Westchester District Attorney Jeanine Pirro, a Republican, and County Executive Andrew Spano, a Democrat, had both called on the Legislature to pass a civil commitment law before the murder, and have subsequently asked Mr. Pataki to call a special session of the Legislature to approve civil commitment legislation.

The question Mr. McGuire should have asked Mr. Silver was:

Why have you not allowed a debate and vote on a civil commitment bill which (a) has overwhelming bi-partisan support in the Senate, (b) been upheld as constitutional by the U.S. Supreme Court, (c) has been passed in 16 other states including “liberal” California, Illinois, Massachusetts, and New Jersey and “conservative” Kansas and Texas, (d) protects the weakest in our society – children and women, and (e) has the bi-partisan support of local and law enforcement officials?

The issue for New Yorkers, as I see it, is sex offender recidivism. Civil commitment laws deal with sexually violent predators – rapists and child molesters. For most of these deviants, particularly men who prey on little boys, there is no known treatment. We know they will strike again. Some experts put the re-offense rate (which is different than the re-arrest rate) above 80%, with the average pedophile likely to commit 13 offenses before he is caught. A 2003 U.S. Justice Department study says sex offenders released from prison are four times more likely than other ex-convicts to commit a similar crime within three years, of these; 40% strike within a year.

The proposed New York legislation, which Mr. Silver refused to let come up for a vote, tracks those of other states that have been upheld by the Supreme Court and deals with Level 3 (most violent) offenders and provides a hearing, then a jury review, then confinement in a mental health facility while the sexual predator receives treatment, and automatic review once a year.

I don’t know whether Mr. Silver is the worst politician in America as Mr. O’Reilly says; I do know there does not seem to be any good reason he didn’t allow the bill to at least come up for a vote in the Assembly in the past three years. It is not a Republican vs. Democrat or even liberal vs. conservative issue; it just seems to be Mr. Silver’s view. Mr. Reilly’s advocacy for the protection of the weakest in our society – children – seems to me to be a worthy pursuit. Mr. Silver’s delays in legislation that would prevent child rape is, well, less than noble.

ROBERT R. GRUSKY
Harrison, N.Y.

---

Please address letters intended for publication to the Editor of The New York Sun. Letters may be sent by e-mail to editor@nysun.com, facsimile to 212-608-7348, or post to 105 Chambers Street, New York City 10007. Please include a return address and daytime telephone number. Letters may be edited.