Thought crimes and the perversion of the law

In the public’s imagination, the classic hate crime is an assault born of animus against a particular ethnicity or sexual orientation, like the case of the Long Island man convicted last month of killing an Ecuadorean immigrant after hunting for Hispanics to beat up.

But in Queens since 2005, at least five people have been convicted of, or pleaded guilty to, committing a very different kind of hate crime — singling out elderly victims for nonviolent crimes like mortgage fraud because they believed older people would be easy to deceive and might have substantial savings or home equity.

And this month, Queens prosecutors charged two women with stealing more than $31,000 from three elderly men they had befriended separately after noticing them walking alone on Woodhaven Boulevard, using their credit to pay for dental work and, in one case, asking for money to buy a kidney on the black market. The women, Gina L. Miller, 39, and Sylvia Johns, 23, of Flushing, were charged with grand larceny as a hate crime.

This approach, which is being closely watched by prosecutors around the state, has won Queens prosecutors stiffer sentences, including prison for criminals who could otherwise go free, even after draining an elderly person’s savings. Without a hate crime, theft of less than $1 million carries no mandatory prison time; with it, the thief must serve for a year and may face 25.

The legal thinking behind the novel method is that New York’s hate crimes statute does not require prosecutors to prove defendants “hate” the group the victim belongs to, merely that they commit the crime because of some belief, correct or not, they hold about the group.

Read the rest here.