ny top court says no, i say yes
ALBANY, New York (Reuters) - A New York state anti-terrorism law enacted in the wake of the September 11 attacks cannot be used to prosecute a street gang member convicted of shooting a 10-year-old girl and paralyzing a rival gang member, the state's Court of Appeals ruled on Tuesday.
The court ordered a new trial for Edgar Morales, 30, a member of the Bronx-based St. James Boysgang who was sentenced to up to life imprisonment for his role in the 2002 shooting.
Prosecutors had accused Morales and his gang of terrorizing the Mexican-American community in their neighborhood. They relied on a provision of a 2001 anti-terrorism law passed days after the September 11 attacks. Morales is the only gang member to have been prosecuted under the law, his lawyer said.
Under the law, a person is guilty of terrorism when he commits certain felonies with the "intent to intimidate or coerce a civilian population" or influence government policy.
But the Court of Appeals found that state lawmakers never intended to extend the definition of terrorism to traditional gang activities.
http://news.yahoo.com/york-states-top-court-rules-gang-activity-not-210615395.html
ALBANY, New York (Reuters) - A New York state anti-terrorism law enacted in the wake of the September 11 attacks cannot be used to prosecute a street gang member convicted of shooting a 10-year-old girl and paralyzing a rival gang member, the state's Court of Appeals ruled on Tuesday.
The court ordered a new trial for Edgar Morales, 30, a member of the Bronx-based St. James Boysgang who was sentenced to up to life imprisonment for his role in the 2002 shooting.
Prosecutors had accused Morales and his gang of terrorizing the Mexican-American community in their neighborhood. They relied on a provision of a 2001 anti-terrorism law passed days after the September 11 attacks. Morales is the only gang member to have been prosecuted under the law, his lawyer said.
Under the law, a person is guilty of terrorism when he commits certain felonies with the "intent to intimidate or coerce a civilian population" or influence government policy.
But the Court of Appeals found that state lawmakers never intended to extend the definition of terrorism to traditional gang activities.
http://news.yahoo.com/york-states-top-court-rules-gang-activity-not-210615395.html
