NY lawmakers toughen penalty for attacks on elderly

March 19, 2008

Harsher penalties for assaults against the elderly were approved Tuesday by state lawmakers responding to public outrage over attacks last year on two Queens women _ one of them 101 years old.

“When anyone gets mugged and assaulted, I consider it to be a serious crime, but assaulting the elderly is an outrageous and potentially life-threatening crime that clearly calls out for more severe penalties,” said state Sen. Serphin Maltese, a former prosecutor, of the so-called “Granny’s Law.”

A suspect in the Queens attacks was arrested in April and already could face up to 25 years in prison on charges of robbery, assault and grand larceny as hate crimes against the elderly, according to the Queens District Attorney’s office.

The new measure, passed unanimously in both the Senate on Tuesday and the Assembly two weeks ago, doesn’t require prosecutors to prove a hate crime. It raises Class A misdemeanor assault to a felony when the victim is 65 or older, regardless of whether the defendant knows that. The attacker must be at least 10 years younger. The penalty is up to 7 years in prison.

“A person capable of committing cowardly attacks against our seniors is not just a mugger, they are a danger to society and should be behind bars for as long as possible,” state Sen. Martin Golden said.

The Brooklyn Republican introduced the measure after 101-year-old Rose Morat was punched several times in the face by a man as she tried to leave her building for church on March 4, 2007, using her walker. A half-hour later, 85-year-old Solange Elizee, another resident of the mostly quiet neighborhood, was punched in the face and robbed of $32 and her wedding ring.

Jack Rhodes, now 46, was arrested on April 27. He was indicted on 35 counts, including hate crimes against victims over 60, said Helen Peterson, spokeswoman for the Queens district attorney. His pretrial hearings are set to resume March 25.

Leaving the 109th Precinct stationhouse in handcuffs last year, Rhodes said he was sorry. Asked by the New York Daily News if he enjoyed beating up grandmothers, he said, “No, I do not.”

The new measure would take effect 60 days after it is signed into law. A call to Gov. David Paterson’s office was not immediately returned Tuesday.

Source: AP

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