Advocacy & Safety - Cyclist hit by CNN anchor

Drivers need to be held accountable.
http://www.nynewsday.com/news/local/crime/nyc-jack0806,0,675980.story

By Karen Freifeld
Staff Writer

August 5, 2003, 3:37 PM EDT


Like most journalists, CNN morning anchor Jack Cafferty would prefer to cover news than make it. Especially when it's bad news.

But Tuesday, a stunned Cafferty was greeted by photographers as he went into a midtown Manhattan court to plead guilty in connection with a hit and run accident.

According to the criminal complaint, Cafferty was driving a Cadillac with a New Jersey Press license plate on Ninth Avenue near 42nd Street May 14th when he allegedly made an abrupt turn and hit bicyclist Billy Maldonado.

About five people tried to stop Cafferty by running after the car, waving their arms and yelling, "Hey Stop," according to the complaint, but the newsman allegedly continued through at least two red lights, while dragging the bicycle underneath the vehicle.

Maldonado, who was knocked to the ground, suffered bruises.

Cafferty was charged with leaving the scene of an accident, reckless driving, assault and harassment.

But Tuesday he was allowed to plead guilty to only a traffic violation: Operating a motor vehicle knowing or having cause to know property damage had been caused. He was sentenced to 70 hours of community service, with six months to complete it, and a $250 fine. He also apparently made restitution.

Cafferty had no comment yesterday but the criminal complaint said Cafferty told police he saw the bicyclist get off the ground but didn't realize he had hit him. "I am unaware I was in an accident," he said.

Cafferty's attorney Seth Rosenberg insisted his client had acted responsibly ."This was never anything more than a traffic violation," he said.

Attorney Suzanne Holzberg, who represents Maldonado, expressed disappointment. "He did not plead guilty to the more serious charge of leaving the scene knowing he caused personal injury," she said. "I think he got off pretty easy."

Maldonado, she said, wasn't as lucky. Bruised up from the fall, she said, he still needs an operation on his right elbow.

I hope Maldonado sues the pants off Cafferty.

Originally posted by scarry
About five people tried to stop Cafferty by running after the car, waving their arms and yelling, "Hey Stop," according to the complaint, but the newsman allegedly continued through at least two red lights, while dragging the bicycle underneath the vehicle.

Cafferty had no comment yesterday but the criminal complaint said Cafferty told police he saw the bicyclist get off the ground but didn't realize he had hit him. "I am unaware I was in an accident," he said.
My question to Cafferty: If you were unaware of being in an accident, why did you continue through the next two (or more) red lights? People who run red lights are usually in a hurry to get away from something - like a hit and run accident.
Couldn't you hear the scraping sound of the bicycle your big Cadillac was dragging?

Attorney Suzanne Holzberg, who represents Maldonado, expressed disappointment. "I think he got off pretty easy."
I wonder if he would have gotten off so easy if he wasn't a BIG NAME CNN reporter.
I personally don't watch CNN very often and have no idea who he is.


I too hope Maldonado sues the pants off Cafferty.

"...continued through at least two red lights, while dragging the bicycle underneath the vehicle."
"I am unaware I was in an accident," he said.

How can you drag a bike under your car for several blocks and not know something is wrong?

The bikers atty seems to have prepared a very weak case if the guy got off so lightly with his lame answer. The only "justice" in america is for the guys who can afford the better lawyers. And that is one of the saddest things about our sham judicial system.

Originally posted by ljbike

The bikers atty seems to have prepared a very weak case if the guy got off so lightly with his lame answer. The only "justice" in america is for the guys who can afford the better lawyers. And that is one of the saddest things about our sham judicial system.

Well, wasn't that just the criminal trial? In which case the city prosecutor was the one with the lame case preperation. I hope there's a followup civil suit from Maldonado.

Correct me if I'm wrong, but the biker's attorney would not have brought charges against the CNN anchor-- the district attorney's office, representing the state, would have done so in a criminal matter (which this is, as clearly stated in the article). It is likely they who allowed the anchor to plead down. The biker's attorney is no doubt waiting for a civil action, although given the fact Cafferty has made restitution, this may not be forthcoming if both parties agreed to said restituion.

On the other hand, we can all hope that Cafferty will soon be broadcasting sans pants.

Another case of justice going to the highest bidder.

Originally posted by scarry
About five people tried to stop Cafferty by running after the car, waving their arms and yelling, "Hey Stop," according to the complaint, but the newsman allegedly continued through at least two red lights, while dragging the bicycle underneath the vehicle.

Cafferty was charged with leaving the scene of an accident, reckless driving, assault and harassment.

But Tuesday he was allowed to plead guilty to only a traffic violation: Operating a motor vehicle knowing or having cause to know property damage had been caused. He was sentenced to 70 hours of community service, with six months to complete it, and a $250 fine. He also apparently made restitution.

Cafferty had no comment yesterday but the criminal complaint said Cafferty told police he saw the bicyclist get off the ground but didn't realize he had hit him. "I am unaware I was in an accident," he said.

Cafferty's attorney Seth Rosenberg insisted his client had acted responsibly ."This was never anything more than a traffic violation," he said.

Let me get this straight: Cafferty dragged the bicycle throught two red lights, yet he was unaware he was in an accident, and his lawyer said it was only a traffic violation?

We need judges with more brains, or balls, maybe.

I think the bicycle was finished after being dragged under the car two blocks.

Originally posted by scarry
Like most journalists, CNN morning anchor Jack Cafferty would prefer to cover news than make it. Especially when it's bad news.


Call me cynical, but I'm not convinced that is true.

But Tuesday he was allowed to plead guilty to only a traffic violation: Operating a motor vehicle knowing or having cause to know property damage had been caused. He was sentenced to 70 hours of community service, with six months to complete it, and a $250 fine. He also apparently made restitution.

Cafferty had no comment yesterday but the criminal complaint said Cafferty told police he saw the bicyclist get off the ground but didn't realize he had hit him. "I am unaware I was in an accident," he said.

Cafferty's attorney Seth Rosenberg insisted his client had acted responsibly ."This was never anything more than a traffic violation," he said. [/B]

Again I ask the question, why do people persist in using guns or knives to kill people when a car will do just as nicely. I'm not necessarily saying this was deliberate, but it wouldn't have made a whit of difference to the sentence if it had been. That's probably the saddest part.

The newsman allegedly continued through at least two red lights, while dragging the bicycle underneath the vehicle. Cafferty's attorney Seth Rosenberg insisted his client had acted responsibly.

:lol:

Imagine how the policeman who wrote the citations felt after all his charges were thrown out.

Originally posted by Chris L
Again I ask the question, why do people persist in using guns or knives to kill people when a car will do just as nicely.

Right. A 5.56x45mm SS109 round (62 grain) such as that fired from an M-16A2 impacting at 50 yds will deliver approximately 1200 ft-lbs of energy. A Honda Civic sedan weighing in at 2500 lbs. moving at 30MPH and impacting a stationary object will impart roughly 75,000 ft-lbs of energy!

Originally posted by Pete Clark
Let me get this straight: Cafferty dragged the bicycle throught two red lights, yet he was unaware he was in an accident, and his lawyer said it was only a traffic violation?

We need judges with more brains, or balls, maybe.

Yeah, I noticed that too. Funny how this was obvious to everyone but the judge.

Originally posted by ljbike
"...continued through at least two red lights, while dragging the bicycle underneath the vehicle."
"I am unaware I was in an accident," he said.

How can you drag a bike under your car for several blocks and not know something is wrong?

The bikers atty seems to have prepared a very weak case if the guy got off so lightly with his lame answer. The only "justice" in america is for the guys who can afford the better lawyers. And that is one of the saddest things about our sham judicial system.

Not true. No matter who your lawyer is it is the judge or jury who decide guilt or innocence.

(Although I agree the American legal system is shocking - but then I am qualified in Scots law, based on Roman law - much more sensible D:)

I don't actually "Sit and watch" CNN but I do have it on in the background while surfing the net. I was wondering why Jack wasn't on the other morning. Not a word had been said on CNN about this story, so it must not have really happened ;)

Originally posted by scarry
Cafferty's attorney Seth Rosenberg insisted his client had acted responsibly.

... and OJ is innocent. :mad:

As much as I love America, we seem to have a legal system that seems to be based on the concept of 'innocent until proven bankrupt'.

Maldonado needs to find a vicious, rabid, ambulance chasing lawyer to sic on Cafferty.

And a Fox news reporter!

Originally posted by bac
... and OJ is innocent. :mad:

He's innocent? I could have told you that a long time ago. :roflmao:

Good luck to Maldonado, if he presses with legal proceedings :)

Originally posted by khuon
Right. A 5.56x45mm SS109 round (62 grain) such as that fired from an M-16A2 impacting at 50 yds will deliver approximately 1200 ft-lbs of energy. A Honda Civic sedan weighing in at 2500 lbs. moving at 30MPH and impacting a stationary object will impart roughly 75,000 ft-lbs of energy! Now if only I could carry 20 civics in a magazine.

Originally posted by FOG
Now if only I could carry 20 civics in a magazine.

:roflmao:

Originally posted by FOG
Now if only I could carry 20 civics in a magazine.

You could (and more) if you were BB61. :D

If the car had press plates, I wonder if CNN is liable for damages. I am sure AOL/Time Warner would LOVE that. I don't like attorneys (except the ones I work with, of course), but I would love to see a couple go after a member of the elitist media. I don't actually know that Cafferty can be considered elitist media; I don't even recognize his name or face. But the fact that he fled from the scene and claims he did little-to-nothing wrong tells us he thinks he is above the rest of us.

Originally posted by heresy
I don't like attorneys (except the ones I work with, of course), but I would love to see a couple go after a member of the elitist media.

I think there are lots of frivolous lawsuits out there. It's too bad they give a bad rep to the cases that rightfully should be pushed. I think this is one of those cases. People, no matter who they are shouldn't be allowed to shirk their responsibilities and need to be held accountable for their actions. We have a legal system for that and it should be used to its fullest to press forward individual accountability.

You know, both Fox & CNN crow about their 'fair & even reporting of the news', yet while Fox has a small article about this incident, as does MSNBC, Newsday, The New York Times, nothing is to be found on CNN......

Originally posted by khuon
Right. A 5.56x45mm SS109 round (62 grain) such as that fired from an M-16A2 impacting at 50 yds will deliver approximately 1200 ft-lbs of energy. A Honda Civic sedan weighing in at 2500 lbs. moving at 30MPH and impacting a stationary object will impart roughly 75,000 ft-lbs of energy!

At 50 yards I think I'll take my chances with a car coming at me and being able to get out of the way than taking a bullet from 50 yards. I don't really understand your point. Do you have a 62.5 times greater chance of surviving being shot than being hit by a car? The numbers mean very little. Apples and oranges.

As for the case. I think it is less about someone with money and notoriety escaping justice as it is about the lack of respect for cyclists. If he had hit a pedestrian or another motorist the result would likely be different.

Originally posted by hollow
I don't really understand your point. Do you have a 62.5 times greater chance of surviving being shot than being hit by a car? The numbers mean very little. Apples and oranges.

Honestly in a real-world situation, you're right. It is like comparing apples and oranges. However, the point I was trying to make (and one that was made to me when I first started learning how to drive) was that an automobile moving at residential street and parking lot speeds carries a lot of kenetic energy. A driver should be aware that what they're operating is as dangerous if not more than most firearms if operated improperly. The laws of physics are pretty cold and cruel in that sense. In general, people take on the responsibilities of driving too lightly.

Originally posted by Da Tinker
You know, both Fox & CNN crow about their 'fair & even reporting of the news', yet while Fox has a small article about this incident, as does MSNBC, Newsday, The New York Times, nothing is to be found on CNN......

We need to start an appropriate thread on the CNN website's public discussion forum. It will be interesting to see how long it takes their webmeister to expunge it!

You people just don't understand. Mr. Cafferty is obviously a very important personage who had very important things to do and was undertandably under a lot of stress. Maybe he was drunk, too...





:beer:

what we need here is the old style western justice, where we hang them in the tree

Does anyone know how the civil case turned out? It’s been over two years. I did a Google and couldn’t find anything.

from the NY Post archives .... march 2005
"CNN host Jack Cafferty settled the lawsuit brought against him by a bike rider he mowed down in his car last year. Cyclist Billy Maldonado was set to face Cafferty in Manhattan's State Supreme Court Monday, but accepted an undisclosed amount of money on Friday instead. Cafferty had offered a settlement last month, but Maldonado's lawyer's considered it "inadequate." Neither side is allowed to discuss the case."

You'd have to be totally falling down drunk or drugged not to realize you were dragging a bicycle. Maybe he was which is why he wouldn't stop right then and there. Standard procedure is to come back later when you are cold sober and it can't be proved you were DUI.

from the NY Post archives .... march 2005
"CNN host Jack Cafferty settled the lawsuit brought against him by a bike rider he mowed down in his car last year. Cyclist Billy Maldonado was set to face Cafferty in Manhattan's State Supreme Court Monday, but accepted an undisclosed amount of money on Friday instead. Cafferty had offered a settlement last month, but Maldonado's lawyer's considered it "inadequate." Neither side is allowed to discuss the case."

just goes to show, again, how in america you can buy your way out of trouble.

Well..cosidering that a lawsuit seeks money as payment for damages...what sort of outcome were you expecting?

maybe his profile should list this under his achievements:
http://www.cnn.com/CNN/anchors_reporters/cafferty.jack.html

Well..cosidering that a lawsuit seeks money as payment for damages...what sort of outcome were you expecting?

no, i fully expected it. settling out of court basically means you have enough money to avoid the courts altogether. you're buying your way out of it without officially admiting guilt. if i had enough money, i'd try to settle my affairs out of court as well.

settling out of court basically means you have enough money to avoid the courts altogether. you're buying your way out of it without officially admiting guilt.

Huh?

This was a CIVIL case. If it had gone to trial and the judge ordered Cafferty to pay $200,000, does that mean he bought his way out of it through the courts? Either through the courts or not, nothing goes on Cafferty's criminal record.

Negotiating a settlement outside of a trial is a way to reduce expenses and headaches for both parties. If both parties agree to it, I don't see any problem with it.

Huh?

This was a CIVIL case. If it had gone to trial and the judge ordered Cafferty to pay $200,000, does that mean he bought his way out of it through the courts? Either through the courts or not, nothing goes on Cafferty's criminal record.

Negotiating a settlement outside of a trial is a way to reduce expenses and headaches for both parties. If both parties agree to it, I don't see any problem with it.

yep - which is why i said i would settle my affairs outside of court too if i had the money. cafferty's personal criminal record might not be tarnished, however, if it went to court it would be in the papers and it would reflect worse on him. being ordered to pay by a judge is bad public relations and could damage his career. luckly for him - he has enough money to avoid all that and keep it under wraps, so to speak.

Well, wasn't that just the criminal trial? In which case the city prosecutor was the one with the lame case preperation.

Well, you have to keep in mind that the city prosecutor has been very busy lately prosecuting protesters and probably didn't have a lot of time for this case.