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Proposal to ban criminals from NYC subways is unworkable, skeptics say

Posted by Gold_12TH on Thu Mar 29 19:50:35 2012

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In an attempt to put the brakes on marauders stealing high-end electronics from its subway passengers and bus riders, the MTA is poised to prohibit the thieves from using the labyrinth that is the transportation system.

It's a great idea on paper, law enforcers and commuters agree, but enforcing the ban may be impractical if not downright impossible.

MTA Board Member Allen Cappelli floated the idea of a ban at a meeting earlier this week, suggesting that judges write orders of protection to keep thieves off transportation premises.

"One way we can help to enforce it is in working together with the police department," Cappelli said. "It makes it easier for law enforcement to do its job."

Having a written order of protection might be enough of a deterrent to keep some out of the MTA's system, but not all, said Peter Spencer, spokesman for the Staten Island District Attorney's Office. Basically, a banned individual would have to be arrested or stopped for some other crime or suspicious behavior at a MTA facility, and the officer making the stop could then see if there is an order of protection against that person; then they could face the additional charge, Spencer explained.

Although the suggestion "sounds good on paper," enforcing it system-wide -- especially in areas such as on buses and the Staten Island Railway which has almost no police presence -- could be impossible, said a MTA police source.

In a manner similar to the way retailers deal with shoplifters, Cappelli suggested repeat offenders could be held in "criminal contempt" if a judge writes an "order of protection" that would not allow them to enter MTA facilities.

"A number of these people are known to us," Cappelli said of the repeat offenders. "This is their occupation. They go down into the system to rip people off."

In some instances bus drivers have been assaulted, and if an offender is recognized by the driver, that driver could call and report him to the police, Cappelli said of areas with little to no police presence.

"[The ban] could only be enforced to the extent that somebody would be around to enforce it," Cappelli said as he noted that it would not solve problems at every MTA facility but could offer another layer of protection to its customers and employees.

Incidents of theft have occurred on Staten Island, but it still is not a major problem here, said Daniel Cassella, president of Amalgamated Transit Union 726, who thinks enforcing the ban would be "difficult."

With an order of protection written against these professional thieves, MTA and NYPD police officers already patrolling these facilities would be able to arrest the repeat offender on site.

Many of the items being stolen include cell phones and iPads, and there is a market for stolen gadgets, Cappelli said, which is why he suggested cutting off the supply of stolen goods at its source.

In January, there were 85 robberies reported and 155 instances of grand larceny in the MTA system as compared to 64 and 109 respectively in January 2011.

Last month, there were 83 robberies and 126 grand larceny incidents reported, up from 51 robberies in February 2011 and 91 grand larcenies, according to crime statistics from the MTA.

To that end, MTA Chairman Joseph Lhota will be holding discussions with district attorneys in each of the five boroughs as to how repeat offenders could be banned from the MTA's system .In the meantime, MTA customers remain skeptical.

"I don't think they would be able to stop them," said Emilia Dmochowsha of Bay Terrace. "How are you going to monitor who gets on the train at every stop? It's a great idea -- great theory -- but it's not like there's anybody stopping anyone to come on the platform or to jump on the platform or walking the tracks. Just look at the graffiti everywhere."

Paulette McDonald of Clifton saw the proposed ban as a good idea that could make a difference if passengers watch out for each other.

"People are not really paying attention to what they are doing on the buses and sometimes they do get robbed," Ms. McDonald said. "You have to be very keen and very vigilant since 9/11. You have to watch out not only for yourself, but for other passengers and the driver."

Bulls Head resident Michael Smith said it is virtually impossible to stop certain riff raff from riding the buses and subways.

"Are they going to screen everybody who gets on a train or a bus or something?" he wondered. "It's just not practical."
---http://www.silive.com/news/index.ssf/2012/03/proposal_to_ban_criminals_from.html

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