Tuesday, April 24, 2012
Rejecting a Forward request under the state's Freedom of Information Law, the Brooklyn district attorney made the startling claim that Orthodox Jews deserve a blanket exemption from the usual public disclosure rules. Prosecutors claimed that Orthodox Jews are "unique" in that releasing the names of suspects would allow others in the community to identify their victims.
"The circumstances here are unique," Assistant District Attorney Morgan Dennehy wrote in an April 16 letter to the Forward. "Because all of the requested defendant names relate to Hasidic men who are alleged to have committed sex crimes against Hasidic victims within a very tight-knit and insular Brooklyn community, there is a significant danger that the disclosure of the defendants' names would lead members of that community to discern the identities of the victims."
Although Brooklyn District Attorney Charles Hynes has long resisted requests to identify Orthodox sex suspects, the letter is believed to represent the first time his office spelled out why it specifically singled them out for preferential treatment.
Dennehy cited the state's civil rights laws in denying the Forward's request for the names of 85 Orthodox Jews arrested on sex charges during the past three years. The Forward made its request in December 2011 after prosecutors announced that scores of Orthodox Jews had been charged under a special program designed to encourage the community to come forward with information.
He did not explain whether prosecutors had concluded that there was anything specific about each of the 85 suspects that might make it possible for others to determine the identity of their victim from the identity of the suspect.
He also did not explain whether such a blanket exemption might be granted to other similarly "tight-knit" communities in the borough. And there were no details about what criteria prosecutors would use to determine whether a particular group should be granted such preferential status.
Dennehy also claimed that revealing the names of abuse suspects could harm the operation of the DA's special hotline, Kol Tzedek, or Voice of Justice, which was set up to three years ago to encourage Orthodox abuse victims to come forward. Disclosing suspects' names could cause victims to lose faith in the hotline, which in turn would "interfere with law enforcement investigations or judicial proceedings," he claimed.