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SCPD Hate Crimes Reporting - Penetrating The Fog

• New York State’s Hate Crimes law provides a list of “specified” offenses that are considered Hate Crimes.
  In order to be recorded as a Hate Crime, a criminal act must be classified as one of those “specified” offenses. ”

• Swastika graffiti is a Hate Crime. In order to be recorded as a Hate Crime, it must be classified as Criminal Mischief - a “specified offense.” By contrast, the crime classification Making Graffiti is not a “specified offense,” thus it is not recognized as a Hate Crime and is counted among simple property crimes.

• SCPD has been plagued by allegations of improper classification of Hate Crimes going back to 2004.

  • In June 2004, the NYS Division of Criminal Justice Services (DCJS) Hate Crimes Coordinator provided specific guidance to the head of SCPD’s Hate Crimes Unit (HCU) regarding the proper classification of swastika graffiti incidents warning that improperly classified incidents would not be counted as Hate Crimes.

  • In January 2011, the former head of SCPD HCU alleged that the County Executive’s office had been interfering in the classification and investigation of Hate Crimes as far back as 2004.

  • In its September 2011 Technical Assistance Letter to Suffolk County, DOJ reminded SCPD of the 2004 guidance it had received from DCJS Hate Crimes Coordinator regarding classification of swastika graffiti stressing that the act by itself was all that was needed and that there was no need to have a specific victim.
    The letter provided additional guidance regarding the proper classification of swastika graffiti incidents.

  • In November 2013, WSHU reported that reported Hate Crimes in Suffolk County tripled after SCPD acknowledged that it had been improperly classifying swastika graffiti incidents. In particular, SCPD reportedly acknowledged that it was not necessary for the offender to know the victim or to have hateful intent and that the act, in and of itself, is all that is required to classify it a Criminal Mischief Hate Crime.

• At a March 2021 meeting, a SCPD Hate Crimes Unit representative informed UJPLI representatives that SCPD only classifies swastika graffiti incidents as Criminal Mischief - a specified offense - when a specific victim is identified. The representative cited an incident of swastika graffiti in Caumsett State Park as an example.
  Ironically, between February 2019 and March 2021, Governor Cuomo directed the NYS Police Hate Crimes Task Force to assist in the investigation of swastika graffiti incidents in State Parks in Suffolk County no fewer than six times. There was no indication in the Governor’s press releases that any specific victims had been identified.

• Extensive analysis of DCJS Hate Crimes data yielded insightful findings:

  • Most hate crime incidents involve criminal mischief.

  • Anti-Jewish motivation is the primary motivation behind hate-based property crime.

  • Between 2011 and 2015, outside of NYC, Suffolk County led the state in reported Hate Crimes.

  • Between 2014 and 2019, Suffolk County reporting went from 44% of hate crimes outside of NYC to just 6%.

• The 2014 DOJ Settlement Agreement obligated SCPD to map and publicly report Hate Crimes. To date, SCPD has failed to release a map of Hate Crimes and has refused UJPLI requests for Hate Crimes maps.

• It appears that SCPD is deliberately gaslighting the public about Hate Crimes and, in so doing, green lighting this despicable behavior.

Hate Crimes - Overview and Analysis

In New York State, “Hate Crimes” are defined in Penal Law Statute 485. §485.05 (3) designates the “specified offenses” that qualify. §485.05 (1) provides:

A person commits a hate crime when he or she commits a specified offense and either:

(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or

(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.

Per New York State Executive Law § 837(4)(c), the Division of Criminal Justice Services (DCJS) is required to collect and analyze statistical and all other information and data with respect to hate crimes reported by law enforcement through the Uniform Crime Reporting (UCR) program. DCJS produces an annual report which details hate crime incidents that law enforcement agencies have reported to DCJS, including data on the number of incidents and type of bias reported. DCJS also submits the data to the Federal Bureau of Investigation for its collection and publication.

In January 2011, then SCPD Hate Crimes Unit (HCU) Detective Sergeant Robert Reecks alleged that the office of the County Executive had been interfering in the classification and investigation of Hate Crimes since 2004. In 2004, the NYS DCJS Hate Crimes Reporting Coordinator informed SCPD in writing that it was improperly classifying swastika graffiti incidents and provided relevant guidance regarding proper classification. Seven years later, as part of its Technical Assistance Letter, the U.S. Department of Justice (DOJ) also informed SCPD that it was improperly classifying Hate Crimes, particularly swastika graffiti incidents. DOJ reminded SCPD of the guidance it received from DCJS in 2004. Relevant excerpts from that correspondence are provided below:

The terms of the DOJ Settlement Agreement obligate SCPD TO track, analyze, map and publicly report on Hate Crime activity.

November 2013, WSHU journalist Charles Lane reported a dramatic increase in “reported” SCPD Hate Crimes attributed to proper classification of property Hate Crimes, particularly swastika graffiti, rather than an increase in the actual incidence of Hate Crimes. Lane reported that police previously did not classify swastika graffiti as a hate crime unless the offender a) knew the victim and b) had hateful intent, and otherwise treated swastika graffiti incidents as property crimes. Lane reported that police acknowledged that the hateful act itself was all that was required to classify the incident a hate crime. https://www.wshu.org/post/suffolk-hate-crimes-triple-after-reclassification#stream/0

In a March 2021 meeting, a SCPD HCU representative informed UJPLI members that swastika graffiti is only classified as Criminal Mischief NYS PL §145.00 when a specific victim is identified. The representative cited a swastika etched into a tree in Caumsett state park as an example of such a ‘victimless’ crime. Apart from being an inaccurate interpretation of legislative intent and relevant statutory provisions, the representative’s claim does seem to accurately reflect SCPD’s reporting of Hate Crime activity to NYS DCJS in recent years.

SCPD’s stance on classification of swastika graffiti stands in stark relief against the major findings of the most recent statewide hate crime data reported by NYS DCJS (2019–2015). 
The following excerpts from and summary analysis of data provided in the NYS DCJS 2019 Criminal Research Report – Hate Crimes in New York State 2019 Annual Report are instructive:

• Law enforcement agencies in New York City (Bronx, Kings, New York, Queens and Richmond counties) reported 67.9 percent of all hate crime incidents in the state and made 67.5 percent of all hate crime arrests. 


• In the Rest of the State, 62.4 percent of incidents were reported by law enforcement agencies from six counties: Nassau (33), Westchester (23), Suffolk (20), Albany (12), Dutchess (10) and Orange (10) [For the purpose of this review, we refer to them as “The Big 6”].

• Consistent with prior years, the most frequently reported bias motivations for hate crimes against property were anti-Jewish (66.2%) and anti-Black (14.7%). 


• The most frequently reported bias motivations for hate crimes against individuals were anti-Jewish (28.9%), anti-gay male (17.1%), anti- white (14.7%), and anti-Black (12.8%).

• Most hate crime incidents involved criminal mischief (62.7%) and simple assault (27%).

• Anti-Jewish bias was the most commonly reported bias when incidents targeted property: 66.2 percent (270 of 408) incidents.

Major findings of UJPLI analysis of 2014 – 2018 DCJS Hate Crimes annual data:

• Non-NYC counties experienced aggregate cumulative reductions of 37.1%.

• Suffolk County reported reductions of 75.9% in the same period.

• In 2014, Suffolk County reported hate crimes accounted for 37.5% of non-NYC hate crimes.

• In 2018, Suffolk County reported hate crimes accounted for 14.4% of non-NYC hate crimes.

• After 2015, Suffolk’s reported Hate Crimes began an unparalleled precipitous drop – from 42% of total Hate Crimes reported by Non-NYC counties down to 6% in 2019. None of the other Big 6 reported such declines. During the same period, neighboring Nassau’s reported Hate Crimes increased from 19% of total Hate Crimes reported by Non-NYC counties to 22% in 2019.

• Curiously, during the same period:

  • Suffolk’s decline in violent crimes (-13%) was consistent with that of neighboring Nassau County (-10%) and total Non-NYC counties (-12%).

  • Suffolk’s Hate Crimes arrest rate has been at or near the bottom of the Big 6. It was 5% in 2019.

The decline in reported anti-Jewish property Hate Crimes dropped Suffolk County from the unrivaled leader of total reported Hate Crimes outside of NYC from 2012 – 2018 to #3 in 2019.

Analysis of anti-Jewish Property Hate Crimes reported in each of the Big 6 counties and for aggregate Non-NYC counties each year from 2010 – 2019 - major takeaways:

• Plotted in a line graph, the pronounced parabolic curve of Suffolk County’s reported activity sets it apart from the rest. 

• Nassau and Suffolk Counties dominated this category between 2012 and 2017

• After 2015, reported anti-Jewish property Hate Crimes in Suffolk began a precipitous decline from 48 total incidents in 2010 down to 5 in 2019 – an overall reduction of 90% for the period from 42% of the category total for Non-NYC down to 6%.  That trend is unmatched.  Viewed within the context of neighboring Nassau County, the Non-NYC Counties and NYS, it stands alone and strains credulity.  
  As that data makes clear, appropriate classification and reporting of anti-Jewish hate crimes placed Suffolk County in the unchallenged and unenviable lead of all Non-NYC counties in the state.   
  The likelihood that that would engender scrutiny over time was likely the cause of some consternation among department leadership. 

The HCU representative’s March 2021 characterization of the swastika in Caumsett Park is particularly untimely given that March 18th marked the sixth time since February 2019 that Governor Andrew Cuomo directed the NYS Police Hate Crimes Task Force to assist in the investigation of swastika graffiti in a state park in Suffolk County.

More than seven years into the Settlement Agreement, SCPD has yet to publicly release Hate Crime maps. The Hate Crimes data SCPD has reported to DCJS suggests that the leadership has chosen to green light these behaviors and to gaslight the public.

The following chart depicts total Hate Crimes reported by the Big 6 for the period 2015 - 2019. Notably, Suffolk is the only county reporting such significant reductions of Hate Crimes in the period. Is it logical that neighboring Nassau County would experience such a different trend?

Suffolk’s reported reduction in total Hate Crimes is driven by its reported reduction in anti-Jewish property hate crimes. Similarly, Suffolk is the only county reporting such drastic reductions of anti-Jewish property hate crimes in the period

The following slide is, perhaps, the most significant. It depicts the impact of SCPD’s short lived willingness to properly classify swastika graffiti.
It tracks Suffolk’s percentage of total anti-Jewish property Hate Crimes outside of New York City from 2010 to 2019.

• At the time of Det. Sgt. Reecks’ disclosure of undue political influence in Hate Crimes classification, Suffolk reported only 3% of total anti-Jewish property Hate Crimes outside of NYC

• When Charles Lane reported that SCPD had begun properly classifying swastika graffiti Hate Crimes, Suffolk’s portion of total reported anti-Jewish property Hate Crimes outside of NYC was well on its way to its 2014 peak of 44%.

• Suffolk was the unrivaled leader in the category, outside of NYC, from 2012 to 2015.

• Sometime after reaching its peak in 2014, SCPD apparently revised its policy and reverted to classifying swastika graffiti as a simple property crime “making graffiti” rather than the “specified offense” “criminal mischief”

Suffolk also reported significant reductions in Hate Crime arrests during that period. It tied for last place among the Big 6 in 2019.

Examining the portion of each of the Big 6 counties’ reported Hate Crimes reveals that Suffolk’s reported trending decline is decidedly unparalleled

Examining the arrest rates of the Big 6 counties reveals a troubling trend in Suffolk County

Graphical depiction of the cumulative variance in reported Hate Crimes by the Big 6 (2014 - 2019) reveals just how alone Suffolk stands

Graphical depiction of the cumulative variance in Hate Crimes Arrests (2014 - 2019) highlights another dubious distinction for Suffolk County

Unlike reported Hate Crimes, Suffolk County’s reported violent crime trend is more in line with that of the Big 6