Photo: Matt Hogan.

Vehicles exiting the Manhattan Bridge have turned this block, often teeming with people waiting for the Fung Wah Bus, into a constant danger zone. Here's what an employee at the jewelry store across the street told the Tribeca Trib:

"Ever since I was a kid, trucks come flying off the bridge," he said. "It’s at least three or four times a year, this happens, and it’s always these trucks. They fly right off that thing like there’s no tomorrow."

After 10 years at the store, John said he no longer ventures across the intersection for his lunch for fear of becoming the next casualty.

Update: Reader Matt Hogan informs us that the truck bed was packed with what looked like 50-pound bags of cement at the time of the crash. The rear of the vehicle is outfitted with an apparatus for mixing and pouring out concrete.

The debut Streetfilms Shortie caught an errant scooter blocking a bike lane. This time it's New York's Finest, camped out in the Manhattan Bridge bike path at Canal and Chrystie.

A half-step forward, two steps back.

The current round of pedestrian and bike improvements for Allen and Pike Street might be just the beginning.

The changes underway right now rely mainly on paint, planters, and paving surfaces to set aside space for public plazas and bike lanes. It's a great example of what you can do on a shoestring, but without a second phase of construction, the reclamation will have a temporary feel to it. The next iteration of this project might include plazas raised to sidewalk grade, for instance, or bike lanes with more robust physical protection. A solid showing in favor of further upgrades could help secure Parks Department funding for more long-term construction.

Representatives from Parks and DOT will be on hand at tonight's CB3 meeting. To voice support for investment in this promising livable streets project, head over to the BRC Senior Services Center at 30 Delancey Street (between Chrystie and Forsyth). The meeting starts at 6:30.

A reader sends this view of Pike Street, taken from the Manhattan Bridge bike path late last week. You'll notice the square of light pavement connecting two mall segments. That's the intersection with Monroe Street, one of four locations slated for pedestrian plazas in DOT's most recent plan for Pike and Allen Streets [PDF]. A center median protected bike path running from Houston Street down to the water -- the first of its kind in New York City, I believe, depending on how you categorize the Sands Street bike path -- is also in the works. DOT's project presentation characterizes these changes as interim improvements that can help generate support for further funding and more permanent construction.

The pedestrian and bike improvements on this corridor are the result of a painstaking bottom-up process that Sarah wrote about last September. Residents have been clamoring for safer walking, safer biking, and more welcoming public spaces on Allen and Pike for a long time. Soon, they'll be able to enjoy the benefits of more humane streets. (We have a request in with DOT to find out when the project will wrap up.)

City Council member Alan Gerson didn't have much new to say at his sidewalk protest of the Grand Street bike lane. But a handful of reporters and a few cyclists pressed him to defend the idea that projects designed to improve street safety should be subject to greater City Council review.

Gerson's assertion of "dangerous conditions" on Grand Street basically amounted to this: The row of parked cars on the south side used to protect only pedestrians; now it protects pedestrians and cyclists, so there's a perception among some of the older residents that they're at greater risk because cyclists are riding next to the curb.

But do the data back up the perception? In a word, No. According to DOT's study of Grand Street, injuries are down 28.8 percent since the protected lane was installed nine months ago. Which only makes sense, because the parking-protected bike path has narrowed the traffic lane, sending cues for drivers to slow down and making a safer environment for pedestrians and cyclists.

Gerson was not swayed by statistical evidence. "Sometimes anecdotal testimony reflects the reality," he said. For bike lane opponents, however, reality intruded rather inconveniently this afternoon.

A couple of speakers employed the time-honored "no one uses the bike lane" argument. Since they were standing right next to the bike lane in question, it was plain to see the dozens of people riding by during the course of the event. (A DOT traffic count last month tallied 990 cyclists in one 12-hour span.) Other well-worn assertions -- that the bike lane has hurt business and worsened congestion -- were similarly offered without supporting facts.

All the while, Gerson attempted to portray himself as an advocate for street safety who just wants to get everyone on the same page, by taking into account such factors as "the needs of traffic flow." When a reporter suggested that this was a recipe for inaction, Gerson argued that it is ultimately futile "to pit local neighborhoods against cyclists."

Set aside, for the moment, that the Grand Street bike lane is probably quite well-used by neighborhood residents (Gerson's district is nearly 80 percent car-free). Who's doing the "pitting" here? Fewer people are getting hurt on Grand Street now than before the protected bike path was installed. Wouldn't a public servant committed to safer streets try to preserve those gains? If there's some tension between pedestrians and cyclists, Alan Gerson could use his "town halls" to get people talking about how they can get the most out of a much-needed safety enhancement. Instead, he's simply escalating the conflict.

Video: Elizabeth Press

Anyone heading over to Chinatown for lunch? If not, and you work in Manhattan, you might want to change your plans. This rally, promoted by Council Member Alan Gerson, promises to be a can't-miss event:

Rally to Protest Dangerous Conditions with the Grand Street Bike Lane

WHEN: Friday, August 21, 2009 at 12:30pm

WHERE: Corner of Grand St and Mott St

WHAT: Rally to protest dangerous conditions caused by the Grand Street bike lane and to demand that the NYC Department of Transportation conduct more community outreach before deciding where to place bike lanes.

WHO: NYC Council Member Alan J. Gerson, local business owners and residents

That would be the same "dangerous" bike lane that has calmed traffic by narrowing the right-of-way for motorists. Oh, and it gives cyclists a nice, protected east-bound link in Lower Manhattan's bike network.

Alan Gerson wants "more community outreach." That's one way to put it. Given that the bike lane was vetted by Community Board 2, which approved the project in a nearly unanimous vote last year, isn't this more like a demand to give small, vocal groups veto power over street safety projects? I think it's pretty much official at this point: The District 1 City Council contest is a race to the bottom when it comes to livable streets.

To reiterate, the place to be at 12:30 today is the corner of Grand and Mott. After the jump, more pictures of the hazardous Grand Street bike lane.

Last night at the Council District 1 candidates debate, in the "lightning round" (one-line answers), a question was "Grand St. bike lane: good or bad."

All the candidates came out strongly against it to the cheers of some in the crowd. Only PJ Kim, the last to comment, tempered his statement with, "but we must not demonize bikers." They all either flatly opposed congestion pricing or want carve-outs for residents (pandering, hmmm?) and opposed East River tolls.

On the congestion pricing question (about 1:31:00 into this audio file posted on the Lo-Down), Pete Gleason and Alan Gerson were the two to outright oppose the idea -- although the incumbent Gerson voted for pricing last year. Margaret Chin, the only candidate to express any support for bridge tolls (check the 1:32:00 mark), qualified her answer by saying that car-poolers should be exempt.

Any exemption for congestion pricing or bridge tolls, of course, opens the door to more exemptions. The first people who will take advantage? Exactly the same placard-holders whom District 1 candidates rightly blame for clogging downtown streets.

We're talking about a district that is absolutely pummeled by bridge traffic, where about 80 percent of the households don't own a car. Those who do own one earn nearly two-and-a half times those who don't, on average [PDF]. There was a great opportunity here for a savvy candidate to separate from the pack on livable streets issues. And yet, no one chose to grab it.

Dan Squadron at yesterday's press event.

Earlier this month Albany approved the expansion of New York City's red light camera program. Media coverage tends not to play up the benefits of automated enforcement, so it was refreshing to see State Senator Dan Squadron, who represents Lower Manhattan and parts of Brooklyn, put the emphasis squarely on safety at a press event in Chinatown yesterday.

Standing near the foot of the Manhattan Bridge, where more than 40 pedestrians have been injured and two killed since 1995, Squadron brought attention to the most dangerous intersections in his district. He called for DOT to install an enforcement camera at Bowery and Canal and at these "danger spots":

• The intersection of Essex and Delancey Streets (87 pedestrians injured and one killed from 1995 to 2005)
• Targeted intersections on West Street between Canal Street and the entrance to the Brooklyn-Battery Tunnel (114 pedestrians injured and one killed)
• Tillary Street from Adams Street to Flatbush Avenue extension in Brooklyn (81 pedestrians injured and one killed)

DOT will have to make its selections judiciously. The city is now authorized to use 150 cameras (50 more than the old limit), with more than 12,000 signalized intersections to choose from.

As long as you are sober and licensed, you can go ahead and run over a 4-year-old and his babysitter walking in the crosswalk and drive off with nothing more than a failure-to-yield summons. You can plow your 2008 Ranger Rover into a bike commuter at a busy intersection and count on the NYPD only to interview the passengers in your vehicle, your buddies, before closing the case and letting you drive home despite numerous prior convictions on your driving record. You can rip down the narrow streets of Lower Manhattan at 60 mph, kill a woman, flee the scene, refuse to take a Breathalyzer test and get a plea deal for a mere eight weekends in jail because the victim happened to have a couple of drinks before she got in the way of your speeding Mercedes SUV. You can even let your van slam into a class of preschoolers walking on the sidewalk with their teachers, kill two of them, traumatize the rest, and be assured that the NYPD, the District Attorney and the local media will treat the case not as manslaughter or negligent homicide, but as an "accident."

When a construction crane falls or a New York Giants wide receiver accidentally discharges his gun, New York City's law enforcement community flies into a frenzy of justice-seeking. But when the killing is done by a sober, licensed driver, you can pretty much hear crickets chirping at the District Attorney's office. Though the total number of traffic fatalities and injuries has declined in recent years, for the friends and families of the 271 people killed by automobiles on New York City streets in 2007, the concept of "traffic justice" was virtually non-existent.

With Manhattan's 89-year-old District Attorney Robert Morgenthau finally stepping down, this year's campaign to succeed him is a great opportunity to make sure the next DA is committed to doing a better job of protecting New Yorkers from reckless and negligent drivers. Streetsblog met with Manhattan District Attorney candidate Leslie Crocker Snyder to learn more about where she stands when it comes to traffic justice.

* * * * *

Though Snyder acknowledged that she has "never been an expert in traffic-related issues" she said the horrific killings of preschoolers Diego Martinez and Hayley Ng in Chinatown have brought these issues to her attention and she is "learning more."

She believes the Manhattan DA's office has become "stale and reactive" and non-responsive to community concerns with the same man at the helm for 35 years. Rather than ignore traffic fatalities as Morgenthau has done, Snyder would bring killer-driver cases before grand juries. "I would want a grand jury to know the law of criminally negligent homicide, vehicular assault and reckless endangerment," she said.

Even when the law prevents her from pursuing criminal prosecution, Snyder said, "I would meet with the families. I would hear their grief as a mother" and, at the very least, explain to them what her office can and can not do for them. "You have to be a human being and acknowledge that these families must be going through hell."

Snyder said that the biggest traffic safety complaint she hears from community leaders these days is not about reckless motorists but "bicyclists being dangerous" and "messengers running us over." If she is elected DA, she invites livable streets advocates to educate her on the issues and "meet with me regularly and make sure I'm staying on top of it."

Here is an edited transcript of my interview with her:

Aaron Naparstek: We see a lot of cases in New York City where motorists are killing pedestrians and cyclists and basically just being put back in the driver’s seat and driving away with little more than a failure-to-yield summons. What can be done to change that?

You have to be a human being and acknowledge that these families must be going through hell. Why wouldn’t you meet with them and explain what your office is doing?

Leslie Crocker Snyder: I think a lot can be done. This issue fits into my whole theme which is that this has been a great office -- I was a member of it some years ago as a young assistant DA -- but it’s gone completely stale and reactive as opposed to proactive.

Frankly I really haven’t spent a lot of time on traffic issues, but they are important. I’m hearing over and over again that messengers are running us over, bicyclists being dangerous, pedestrians are having a lot of issues and I didn’t realize until fairly recently how important this is to people and how much of an issue it is.

Now, I know that you are concerned about the Chinatown situation. Obviously I don’t know all the facts, but the obvious question is always is there any criminal liability when something like this happens. So, there are several things that I would do if I were DA. One, I would present all of the evidence to a grand jury, and that way all sides could be heard. I can’t tell you that I have a conclusion about whether there is criminal liability because it can be very difficult to prosecute someone criminally in this situation. But I’d certainly want the grand jury to know the law of criminally negligent homicide, vehicular assault, reckless endangerment, and ultimately of course we would also know as DAs whether we felt that it was criminal liability. But the reason to present it to a grand jury is, number one, everyone is heard, which is extremely important, and number two, if there is no criminal liability as found by a grand jury, the grand jury has the ability to issue an extensive report to establish the issues in case like this.

AN: We should back up to one thing that you said at the top. You mentioned that you hear a lot about bike messengers endangering pedestrians. Do you hear more complaints about cyclists violating the law than motorists?

LCS: Thus far I've heard more about bikes.

AN: So, what do you hear?

LCS: I’ve heard that there’s a general feeling in a variety of communities that bicyclists just don’t follow any rules. They do what they want and are putting pedestrians in danger. It really hasn’t gone beyond that point but certain communities feel that it’s a major issue. Now what can the DA do about it? Again it depends on the situation. We don’t enforce traffic, we don't give summonses, so part of it would be working with the police department to make certain that issues like that are taken seriously.

Second, if a messenger or delivery person hits somebody the DA has to take that very seriously and do something about it. You have to send a message, as is happening in Nassau County where, for example, if you have that extra drink and you’re stopped you face dire consequences. So, people should realize the Manhattan DA is going to take a great interest in both pedestrian-vehicular accidents and pedestrian-bicyclist accidents.

If there's a death that’s questionable in Manhattan the DA should at least look into it and see whether there's something that can be done about it.

AN: Looking at your platform, you talk about protecting New Yorkers from terrorism, gangs, violent crime and domestic violence but I suspect that, statistically speaking, there’s a better chance that a Manhattanite will be hurt or killed by a stranger in a car than a stranger with a gun. Why don’t we see traffic justice as an issue on your web site?

LCS: I think it’s something I would discuss more in the future because, frankly, I’m just learning more about it over these last few months. My expertise is more in the areas of rape, murder, white collar crime, organized crime and drug-related issues. I’ve never been an expert in traffic-related issues but I’m learning more and I will be reading your blog because, obviously -- the Chinatown incident. Anything like that where kids die and you’re a parent -- I guess you don’t have to be a parent -- but as a parent it’s just the worst thing.

The point is my mind is open. I'm learning something I really didn’t know that much about. But I certainly know about prosecuting criminals and I know what a DA can do in terms of presenting situations to a grand jury. I also know that you have to be a human being and acknowledge that these families must be going through hell so why wouldn’t you meet with them and explain what your office is doing one way or another? Even if you can’t prosecute criminally, explain it to these poor people.

AN: Let me run a specific case by you to get a sense of how you would handle it as DA. Last August, a 31-year-old cyclist named Rasha Shamoon was struck and killed at the intersection of Delancey and Bowery. She was a regular bike commuter, known for being responsible and safety-conscious. Her bike was plastered with reflective tape and she wore a helmet. She was hit by a 21-year-old man driving a borrowed 2008 Ranger Rover who had already racked up six prior traffic convictions and one personal injury case in the three-and-a-half years he'd been legally driving. According to the police report [download it, it'll make your blood boil], the only witnesses interviewed were the driver’s friends, the two passengers in the Range Rover. Based on their testimony that Shamoon had run the red light at this very busy, dangerous intersection the police assigned blame to the cyclist. As Rasha Shamoon lay dying in a hospital bed, the police put the driver back in his Range Rover, he drove home and that was that. DA Morgenthau didn’t have anything to say about it and to the NYPD the case was closed. I spoke with the family and they feel a real injustice was done in the way their daughter’s death was treated by the authorities. I'll just add that while we don't know what really happened out there, as a bike commuter myself, I just find it hard to believe that an experienced cyclist would run the red light at Delancey and Bowery, particularly at night. It seems profoundly wrong for the police to have assigned blame to the victim having only interviewed the passengers of the car that did the killing.

As soon as I hear that people are blaming the victim -- I hate that. Let’s look at the defendant’s conduct.

LCS: Without knowing all the facts, I can’t tell you exactly what I would do. I would certainly want to investigate any death. Certainly whatever reports the NYPD did would be highly relevant, but I would conduct an independent investigation. Some responsible DA in my office would look into it and I’d want a personal report.

If there's a death that’s questionable in Manhattan the DA should at least look into it and see whether there's something that can be done about it. I mean maybe the answer would be there isn’t anything that can be done criminally, but the answer might be “Yes, there is.” Also I'm extremely disturbed by this person’s driving history, as you describe it. At the very minimum maybe there's some reckless driving or reckless endangerment charge. You don’t want someone driving who has five moving violations. That’s an outrage.

AN: It is very difficult to get access to police reports on car crash cases. I can go and see in my neighborhood how many rapes and murders and robberies and car thefts there were -- it’s all in CompStat, it’s all on the precinct web sites…

AN: It often appears that law enforcement doesn’t want to pursue these traffic justice cases because the DAs feel like they’re not going to get a win, the state laws are stacked against the victim to some extent. We wrote about a case where a woman named Florence Cioffi was run down in Lower Manhattan by a guy named George Anderson. He was driving 60 miles an hour in a Mercedes SUV. He fled the scene. He eventually came back and refused to submit to a Breathalyzer test. The woman whom he hit was crossing the street, and she was also found to be intoxicated, so the Manhattan DA’s office chose to plead out the case -- let Anderson off with a charge of DUI and leaving the scene of the accident. Anderson got 16 days in jail, eight weekends. Again, Cioffi's family felt that this was profoundly unjust. What would you do there?

LCS: That seems outrageous on the face of it, but as a lawyer I have to say I really have to know all the factors. You're reading me a newspaper account. Assuming all those facts to be true then I think it sounds outrageous, but you have to know all the facts and you have to know what the applicable law is. So for example there might be situations which shock us where there's no criminal liability, where it’s a genuine accident. But the idea is the Manhattan DA, with something that seems that outrageous, should be doing everything to make certain that if there should be a prosecution, it’s done. It sounds awfully lenient to me, it sounds awfully inappropriate. If she was drunk but didn’t do anything that she shouldn’t have done, and this guy was drunk and killed her, why isn’t that a very serious crime? Why does her being drunk have anything to do with his behavior? So I’d have to know what was her behavior. Did it just turn out that she in fact had a high blood alcohol, I mean that’s totally irrelevant. It actually sounds something like the rape shield law.

AN: Can you remind us what that is?

LCS: Sure. I co-authored the rape shield law. It protects the victim from any sex crime from having to go into details about her prior irrelevant sexual history. So here, for example, are we putting the victim on trial? Why does the fact that the victim was drunk have any impact on how we treat the defendant, unless there's something else she did while drunk that I don’t know about from that article. To me, as soon as I hear that people are blaming the victim -- because that’s what happened in my early days as a prosecutor, especially in sex crimes, it was always blame the victim, put the victim on trial -- I hate that. Let’s look at the defendant’s conduct. What did this person who was driving drunk -- why was he given a deal like that? Maybe there's an answer, maybe there isn’t, but it doesn’t appear to be one on the face of it.

On the morning of January 22, Diego Martinez and Hayley Ng were walking with their preschool class on East Broadway when an unattended delivery van jumped the curb in reverse and killed them. The three-ton vehicle had been left double-parked and idling by its operator before it backed onto the sidewalk with deadly force. To date, Manhattan District Attorney Robert Morgenthau has taken no action to prosecute the driver.

About 70 New Yorkers joined the families of Hayley and Diego today and called on the DA to convene a grand jury to investigate the case. Gathered outside the DA's office in Lower Manhattan, they made an impassioned plea for justice.

"I cannot understand why the Manhattan District Attorney refuses to prosecute," said Hayley's cousin, Lauren Ng, on behalf of the victim's mother, May Ng. "Accidents happen, but someone still bears the burden of responsibility. What kind of city is this that does not protect its most vulnerable citizens?"

The public servants who oversee the justice system seldom prosecute deadly drivers unless drugs or alcohol are involved, despite the human toll they exact. Traffic violence claims the life of a New Yorker, on average, every 36 hours, and vehicles injure more than 10,000 pedestrians and cyclists every year, according to DMV statistics cited by Transportation Alternatives. "We want our district attorney to prosecute dangerous and negligent drivers as aggressively as drunk drivers," said TA director Paul White. "The driver didn't mean to kill those children, but by not prosecuting, we're sending the message that it's okay to operate heavy machinery on the streets of New York without due care."

Relatives of Diego and Hayley say the DA's office has told them that their "hands are tied" in this case. But existing statutes for criminal negligence could be used to prosecute drivers in this set of circumstances, said Jon Adler, head of the Federal Law Enforcement Officers Association, speaking on behalf of the victims' families. "We cannot turn our backs and condone reckless driving," Adler said. "A reasonable person would turn off the vehicle. When you do that, it's a paper weight; when you don't, it's a killing machine."

Video: Elizabeth Press

The families of Hayley Ng and Diego Martinez, the two preschoolers killed by a van while walking with their class on a Chinatown sidewalk last month, are organizing a rally calling on Manhattan DA Robert Morgenthau to indict the driver who left the van unattended, double-parked and idling.

The victims' families are asking New Yorkers concerned about traffic violence to join them in front of the DA's office at One Hogan Place, Monday at noon. "We want everybody to stand behind this cause," said Wendy Cheung, Hayley Ng's aunt. "We don't want this to happen to anyone else. We need justice here."

It's not too late for Morgenthau, who has announced that he will not seek re-election, to start holding reckless and negligent drivers accountable. "We're hoping for the DA to set a precedent and prosecute this person or convene a grand jury," said Cheung. The van driver has not received so much as a summons and still carries a valid license. Morgenthau's office told the victims' families that the decision whether or not to prosecute would be made by the end of February, but so far, says Cheung, they are still waiting.

"They claim their hands are tied," she said. "We need to keep pressure on the DA and untie their hands. This was not an accident. If you step into a vehicle, you are responsible for that vehicle and the people around you."

Since 1997, three pedestrians have been killed and dozens injured in collisions near Chatham Square, according to CrashStat.

Now there's a plan on the table that would put safety strategies into practice at Chatham Square, where the convergence of several streets forces pedestrians to contend with dangerous and chaotic traffic patterns. The re-design would double the amount of pedestrian space and significantly reduce crossing distances, exactly the type of project that Chinatown's hazardous streets are begging for. Despite these safety benefits, consensus has been hard to come by.

Monday night, CB3's Chatham Square Task Force will hold its final
meeting to present comments to DOT about the proposal, and opposition is expected to be intense. (If you can't make the meeting -- 6:30 p.m. at PS 124, 40 Division Street -- Transportation Alternatives has an e-petition to show your support.)

Since the last major public meeting about the project, City Council members Alan Gerson and John Liu have condemned the re-design and accused DOT of pushing a plan that does not enjoy public support. Because the Chatham Square project is closely associated with the closing of Park Row to private cars -- a policy adopted by NYPD post-9/11 -- businesses convinced that their livelihood depends on auto traffic are up in arms about the proposal.

The loud opposition may be drowning out other voices, but the need for safer streets hasn't diminished. "The paramount importance is making it safe for people to walk, especially for the kids who are walking from schools and libraries," said Jane Ryan Beck, a long-time Chinatown resident who takes her four-year-old son through Chatham Square on the way to school. "I think the plan goes a long way toward addressing those issues."

After her son witnessed the horrific collision on East Broadway that claimed the lives of two classmates, Beck and her husband started a website, ShareTheStreet.org, to raise awareness about child pedestrian safety in Lower Manhattan. "We're hoping to give a voice to a whole group of people who are shocked and horrified, but not taking any action, because they don't even know these projects are on the board," she said, noting that it can be tough for parents to participate in public workshops. "There are lots of obstacles to even just getting there, like getting someone to watch your kid while you go to a Community Board meeting."

Check after the jump for plans depicting the Chatham Square proposal and the current condition.

Pedestrian plazas would reclaim six intersections connecting the Allen and Pike Street malls.

Allen/Pike Street Improvements, Manhattan
In 2009, DOT will improve pedestrian safety on Allen and Pike Streets from E. Houston Street to the water's edge at South Street; while creating a pilot expansion and enhancement of the malls. In addition to widened malls, the plan includes new separated left turn lanes, new crossings between the malls, protected bicycle lanes located adjacent the current malls and new public spaces where the center malls will connect through six intersections.

Lots of intriguing graphics in this presentation [PDF].

The meeting starts at 6:30 tonight, at University Settlement, Speyer Hall (184 Eldridge Street between Rivington and Delancey).

Relatives of Hayley Ng and Diego Martinez, two preschoolers struck and killed by a van in Chinatown on January 22, continue to demand justice from Manhattan District Attorney Robert Morgenthau.

On WCBS television this week, Hayley's aunt, Wendy Cheung, reiterated both families' call for citizens to contact Morgenthau's office and demand further action in the case. The driver, who left the van running and in reverse before it hit Hayley and Diego, currently faces no charges.

"We [are] pleading for everybody to call the DA's office ... and make a statement," Cheung said. "Tell them 'You can't forget this. We need to investigate this.'"

As has been pointed out by a Streetsblog commenter, Morgenthau last month brought charges against crane operators whose negligence, the DA's office contends, caused the deaths of seven people. On January 5, William Rapetti and his company were indicted on multiple charges of manslaughter, criminally negligent homicide and assault, stemming from a crane collapse last March.

According to New York State penal code section 125.10, "A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person." State code defines "criminal negligence" as follows:

A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists.  The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Said Jon Adler, a family friend and head of the Federal Law Enforcement Officers Association, to WCBS: "The China Chalet driver made a conscious decision to double-park a 9,000 pound vehicle with the engine on. Even if it's a misdemeanor, [the DA should pursue] something to charge this man [with] for making that decision to leave that vehicle on."

Asked about the status of the case, a spokesperson for Morgenthau's office told Streetsblog, "There is an ongoing investigation and beyond that I can not comment."

The spokesperson would not say whether the DA has been getting calls from the public about Hayley and Diego.

Will Silver follow through in Albany to make streets safer for his Chinatown constituents?

The plan calls for "zero tolerance" traffic enforcement; the banning of trucks and buses from traversing local streets; more pedestrians safety measures such as bollards and speed bumps; and a comprehensive traffic management plan to serve residents, businesses and vehicles passing through the neighborhood.

This is a thorough plan that includes several politically daring ideas. It would alleviate the scourge of double-parking by properly pricing on-street spaces. It would expand sidewalks and accelerate the implementation of traffic-calming measures. It even calls for congestion pricing, among other traffic management techniques.

There's always the temptation to be cynical -- and some of the recommendations for community board input are tough to swallow in light of recent events -- but this is a moment that should not go to waste. While it's terrible that two children had to die to garner such attention, this horror story has nakedly exposed the systemic failures inherent in the way our streets are designed, managed, and policed. A galvanized Chinatown community backed by a handful of elected officials is a start. More New Yorkers and advocates for safer streets will have to keep up the pressure.

The first person to whom appeals should be directed has got to be Shelly Silver. The Assembly Speaker who allowed congestion pricing to die on his watch now calls for that same policy to be adopted. He's got his name in Stringer's press release and a nice direct quote calling for "the city" to implement the whole nine-point plan.

There's no doubt that the City Council, Mayor Bloomberg, and his deputies at NYPD and DOT need to follow through on this plan, and the fact that City Hall has not publicly responded to the tragedy is shameful. And don't forget the Manhattan District Attorney's office, led by 89-year-old Robert Morgenthau, which is sticking to its policy of granting negligent drivers carte blanche to kill and maim without consequence. But if the Speaker is really committed to the safety and well-being of his Chinatown constituents, much of the responsibility lies with him and his caucus. There is a clear legislative agenda to be pursued: tougher state traffic laws, to start with. We'll see if Shelly cares enough to carry the fight out of his PR office and into the statehouse.

When the accident occurred, 14 children were being led in a “daisy chain” line, holding onto each other, and accompanied by adult chaperons, along East Broadway from a library visit back to their day care program, the Red Apple Child Development Center, at 25 Market Street, the police said.

The van was traveling on East Broadway and appeared to make a three-point turn to make a delivery. Suddenly, the van lurched, rear-ending over the curb and onto the sidewalk, according to witnesses.

Details are still emerging. WABC, NY1 and WCBS are also reporting on this terrible loss of life.

The "Park Row Promenade" would dedicate close to 50 percent of existing asphalt to peds and cyclists.

Since streets in the area near One Police Plaza, including Park Row, were completely or partially closed to motor vehicles after 9/11, several lawsuits have been filed by Chinatown residents and merchants, some of whom say decreased vehicle access has, among other things, worsened gridlock and lowered property values.

Now, the city plans to reconfigure Chatham Square, and convert Park Row into "a landscaped promenade for pedestrians and bicyclists" by reappropriating "nearly half" of the space once reserved for cars and trucks. Details are a little murky in the mock-up now posted online [PDF], but it looks like the mess where seven streets currently come together at the Kimlau Arch will be cleaned up considerably.

Unfortunately, the proposal -- a joint project of Parks, City Planning, Design and Construction, and DOT -- is likely to draw opposition from those who consider auto traffic key to Chinatown's prosperity. As always, turnout by livable streets advocates is key.

WHAT: Public Hearing on Chatham Square Traffic Redesign

WHERE: PS 124, 40 Division St.

WHEN: Tuesday, Dec. 2, 6:00 p.m. (sign in starts at 5:30)

Before and after sketches of Chatham Square after the jump.

Local residents turned out to give their opinions on the renovation of the malls early last summer.

Residents of the Lower East Side and Chinatown have been fighting for improvements to the Allen and Pike Street pedestrian malls for more than a decade. Now, with the city's Parks Department set to begin a $5.4 million renovation of the malls below East Broadway, their wait for meaningful action might be nearing an end.

The Hester Street Collaborative has just released a final report on the community's visioning process (download the full study), which was coordinated by United Neighbors to Revitalize Allen and Pike (UNRAP) and will be used to inform the upcoming work.

The malls, which run along the center of Pike and Allen Streets from the East River to Houston Street, have long been in a state of disrepair. The pavement is cracked and uneven. There's little vegetation. The roar of traffic is ever-present. "There's a tremendous need for more viable open space here," says Annie Frederick, executive director of the Hester Street Collaborative. "This neighborhood has one of the lowest rates of public space in the city."

This April, a "demonstration mall" was completed on the block between Broome and Delancey, with new planter beds, benches, and sculptures. This summer, UNRAP invited neighborhood residents and organizers to a series of "Take Back Your Park" events to provide feedback and suggest improvements to the project -- like raised planters to better buffer traffic noise, and a meandering path instead of a straight one.

The new report incorporates comments and suggestions from those events, as well as the ideas of students from the New Design High School who studied the malls as part of an intensive summer program.

Among the priorities that emerged were green space, improved buffers from street noise and traffic, connection to the East River waterfront, and events and art exhibits that highlight and preserve the cultural history of the area. Known as "Avenue of the Immigrants," Allen Street is at the heart of an area that is rapidly changing due to gentrification (the malls themselves, constructed in the wake of slum clearance, occupy space where tenements once stood).

Support also emerged for traffic-calming measures and a bike lane that would connect to Manhattan Bridge access. The city DOT has said it is looking for funds from the state DOT to implement that type of improvement.

"What we're hearing over and over again is that Allen Street is over-engineered as a road," said Frederick. "It's not safe." She added that her experience working with the current DOT makes her optimistic about changes, although budgetary constraints will be a factor. "I'm very hopeful," she said. "There has been a real sense of inter-agency collaboration and willingness to listen to the local community. There's been a shift in culture."

Photos: Hester Street Collaborative

The meeting starts at 6:30 p.m. (apologies for the late notice). It will be held at University Settlement, Speyer Hall -- 184 Eldridge Street between Rivington and Delancey. People who live or work in the area of Community District 3 are encouraged to attend.