Title: Criminals Arrested for Drug Dealing Released Without Bail, Highlighting Justice System Flaws
A notorious duo of convicted murderers apprehended for allegedly selling drugs openly in Greenwich Village have been released without bail following their arrests—clear instances of the justice system’s failure exacerbated by New York’s lenient crime policies, as uncovered by investigations.
Prosecutors did not pursue keeping either suspect in custody due to state bail reform laws enacted in 2019, which prevent judges from imposing bail in drug-related cases, except for those deemed flight risks, regardless of their potential threat to public safety.
Last week, the pair attempted to justify their actions, with one claiming to The Post that he turned to drug dealing to provide for his son.
Carlo “Cano” Franco, who appeared in a Manhattan court last week on drug charges, lamented, "One day my wife left, leaving me with my kid. I lost my mind; I don’t know how it happened. I strayed for a bit."
In 2003, Franco, then 27, fatally shot Dino DeSimone, a well-liked owner of Bronx County Collision, during a robbery, making off with a laptop. The widow mourned profoundly, recalling feelings of emptiness after losing her husband.
Franco served 13 years of a 17-year sentence for the manslaughter conviction and was released in 2022, completing his parole this past year. He was arrested for dealing heroin and crack cocaine at a notorious intersection near a Noho drug treatment clinic on July 3, marking his 15th arrest since 1992.
Meanwhile, Jeffery “Zay” Mackenzie, also involved in drug distribution, had his recent arrest downplayed by his legal representative as a “minor offense” of little public concern, which infuriated local residents.
Mackenzie, 46, served 21 years for the murder of Linda Sanders, a mother of two, when a robbery at a laundromat went awry. He was released on lifetime parole in 2022 and has since been re-arrested multiple times, including one incident in June where he allegedly sold crack cocaine in small bags.
Reactions from local residents express frustration over the seeming disregard for public safety. Trevor Sumner, president of the Washington Square Association, stated, “It doesn’t matter if you’ve committed homicide. We are witnessing a complete collapse of rationality and sensible approaches to justice.”
After his recent court appearance, Franco shared a sob story with The Post, claiming he was acting solely for his son’s benefit, anxiously showing pictures of his child. He faces charges for resisting arrest, possession of brass knuckles, and intent to sell narcotics.
Mackenzie, despite a history of violence and numerous previous arrests, was released after spending just one night in jail, waiting for arraignment, as reported in court records. In court, he attempted to hide from the media and subsequently fled the scene.
His public defender dismissed the drug charges as trivial and contested the notion that they warranted significant attention. Both men pleaded not guilty.
Since the bail reform bill took effect in 2020, New York has become the only state where judges are unable to consider a defendant’s criminal history or the potential risks involved in making pre-trial decisions about bail.
Only a restricted group of offenses remains subject to bail requirements, with drug dealing generally excluded unless part of serious trafficking activities. Prior to this reform, judges held discretion to impose substantial bail to ensure defendants remained incarcerated until trial.
Critics claim the pretrial release system undermines common sense. Rafael Mangual, an expert in legal policy, noted, “Our pretrial system now defies logic.”
In Mackenzie’s case, his June arrest was his fourth in two months, with previous charges either not prosecuted or reduced to lesser violations, preventing the Department of Corrections from revoking his parole.
The Manhattan District Attorney’s office responded that Mackenzie’s case did not meet bail criteria. Similar statements were made by the NYC Special Narcotics Prosecutor regarding Franco’s situation.
Community members feel increasingly endangered, with comments reflecting frustration towards the DA’s office for prioritizing the rights of offenders over public safety. Maud Maron, a Soho resident and challenger for the Manhattan DA position, criticized the inability of the DA’s office to ensure the men remained behind bars.
Narcotic-related arrests have surged in Greenwich Village, increasing by 68% this year, with 471 arrests compared to 281 during the same period last year. The local Sixth Precinct frequently shares updates on drug busts occurring in broad daylight.
Residents are exasperated by the repeat offenders who reappear on the streets, indicating a growing sense of despair. “It’s reached a breaking point,” remarked Sumner, “and the community feels helpless.”
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