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Edward McCarty
Edward W. McCarty III was a judge of the Nassau County Surrogate's Court in New York. He was sworn in to office on January 10, 2011.[1] McCarty retired in 2015 upon reaching the mandatory retirement age.[2]
Education
McCarty received a B.S. from Siena College in 1967 and his J.D. from St. John's University School of Law in 1970.[1]
Career
McCarty began his career in 1971 as a special prosecutor for the Judicial Inquiry of Professional Conduct. The following year, he became a Nassau County Assistant District Attorney, a position he held until 1985. He then began his judicial career and served on the Nassau County District Court until 1990. He was a justice of the Nassau County Supreme Court from 1992 to 2010 and he joined the surrogate's court in 2011.[1]
Noteworthy cases
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Loophole in 'Son of Sam' law could pay off for mom who killed kids to save them from voodoo curse
Nassau County Surrogate Court Judge Edward McCarty scheduled a hearing for November of 2013 to decide whether Leatrice Brewer is entitled to a share of the settlement proceeds from two wrongful death lawsuits filed against the county by the fathers of her children.[3] Social workers were sent to Brewer’s apartment the day before she killed her children, but no one was at home. A follow-up visit to check on the family the next day was never scheduled, and the county suspended the social workers involved.
In 2008, Brewer killed her children, aged 6, 5 and 1, by drowning them in the bathtub of her Long Island apartment. She claimed she did so to protect them from a voodoo curse. Immediately afterward, Brewer tried to commit suicide, twice. The first time, she swallowed a mixture of household chemicals. She later jumped out of the window of her apartment, which was located on the second floor. She survived both attempts and was found not guilty of the murders due to a mental disease or defect.[4]
The state of New York enacted a law in 1977 to prevent criminals from profiting from their crimes. The law is named for the notorious New York serial killer, David Berkowitz, who was called the 'Son of Sam' killer.[5] A U.S. Supreme Court ruling in 1991 found the law violated the First Amendment’s guarantee of free expression. The 'Son of Sam' law was revised in 1992, and the New York State Senate has attempted to pass legislation seven times in the years since to close the loophole that could allow Brewer to inherit a portion of her kids’ estate, valued at $350,000.[4]
Judge McCarty ruled Brewer must testify in court during the hearing. Legal experts say the case could establish a precedent in New York. Since Brewer was technically never found guilty or convicted of any crime, the 'Son of Sam' law may not apply to her case. However, even if Brewer is able to collect her share of the proceeds, she likely won’t see any of the money. The state holds a lien for over a million dollars against her for the services and treatment she has received since 2008. Brewer is still confined, and receiving treatment, at a state psychiatric hospital.[3]
Update: On November 6, 2013, Judge McCarty ruled that Brewer was not entitled to receive any money from the estate, even though she was found not guilty of the crime. According to McCarty, the 'Son of Sam' does not apply to Brewer, but she still shouldn't get the money. "It is one thing to say that the state should not imprison one who was insane when she committed the murder. It is quite another to say that the insane murderer can financially profit from her crime," he said.[6]
This case was featured in Judgepedia's Courtroom Weekly: Halloween edition on October 31, 2013.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 New York Courts, "Official biography of the Hon. Edward W. McCarty, III"
- ↑ Newsday, "Newsday endorses Margaret Reilly for Surrogate's Court," October 23, 2015
- ↑ 3.0 3.1 Huffington Post, "Leatrice Brewer, mother who killed children, may use Son of Sam loophole to get kids' cash," October 13, 2013
- ↑ 4.0 4.1 USA Today, "N.Y. mom who killed 3 kids wants cut of their estate," October 4, 2013
- ↑ First Amendment Center, "'Son of Sam' laws," June 4, 2004, accessed October 30, 2013
- ↑ MSN News, "Judge:No estate rights for NY mom who killed kids," November 6, 2013
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