An attorney representing Grafton Thomas, accused of entering a rabbi's home in Rockland County over the weekend and stabbing five people in an attack that's been labeled as "domestic terrorism" by Gov. Andrew Cuomo, says his client's actions were fueled by mental illness, not anti-Semitism.

Cuomo, meanwhile, continued calls Monday morning for the Legislature to create a new crime of "domestic terrorism" in New York that could be used by prosecutors in future attacks.

Federal prosecutors said Monday that, despite claims from Thomas' attorney, they had evidence showing he intentionally targeted Jewish individuals for the attack. According to media reports, they found information at his home that showed an animus toward Jewish people.

Thomas is now facing federal hate crimes charges as a result, according to reports. Those charges were filed Monday by the U.S. Attorney's Office for the Southern District of New York.

Thomas is represented by Michael Sussman, an attorney from Orange County who released a statement on behalf of his client's family Saturday night bemoaning the attack.

Sussman is planning to seek an immediate mental health evaluation of Thomas, who was first charged Sunday morning by prosecutors in Rockland County with five counts of attempted murder and one count of burglary. He's being held on $5 million bail.

That evaluation could support Sussman's defense, as outlined in the statement Sunday night, that Thomas wasn't acting in his right mind when he attacked the group during a Hanukkah celebration Saturday evening in Monsey. 

"Grafton Thomas has a long history of mental illness and hospitalizations. He has no history of like violent acts and no convictions for any crime," the statement said. "He has no known history of anti-Semitism and was raised in a home which embraced and respected all religions and races. He is not a member of any hate groups.

"We believe the actions of which he is accused, if committed by him, tragically reflect profound mental illness for which, as noted above, Grafton has received episodic treatment before being released," the statement continued.

Thomas' family, in the statement, also expressed sympathy for the individuals affected by the attack and said they were grateful for their recovery. No one was killed in the attack, but there were several injuries. 

Thomas, a 37-year-old man from nearby Orange County, pleaded not guilty to the charges of attempted murder and burglary during an arraignment in Ramapo Town Court Sunday. Prosecutors had sought to have him held without bail. 

Several dozen individuals were at the rabbi's home when Thomas allegedly broke in, wielding a knife. He drove off after stabbing five individuals, prosecutors said, but was tracked down by police a few hours later in Harlem.

Cuomo, the morning after the attack, visited Monsey and met with Jewish faith leaders, including the rabbi whose home was allegedly invaded by Thomas. After a media blitz Sunday afternoon to discuss the attack, Cuomo said he planned to take legislative action.

Cuomo, in a radio interview Monday morning, again said he planned to propose a new law in January that would label certain attacks, such as the one in Monsey, as domestic terrorism. The charge would be prosecuted differently and come with a heavier penalty.

"I want to propose a domestic terrorism law that says this is not just an assault. It's not just the underlying crime," Cuomo said. "It's a hate crime and it's a hate crime targeted to a large number of people because of their religion or sexual orientation or race, and that is domestic terrorism and that's what we are going to call it."

Cuomo said he's planning to formally propose the new law in his State of the State address, scheduled for Jan. 8 in Albany. 

But it's not the first time Cuomo has pitched the measure, which would make New York the first state in the country to prosecute certain attacks as domestic terrorism, rather than other charges, such as multiple counts of attempted murder.

Cuomo first called for the new law after a gunman in El Paso, Texas, killed 22 people in what was considered one of the deadliest mass shootings of the last year. The suspect later told police he was targeting Mexicans, according to media reports.

That was in August, which meant the state Legislature wasn't in session to act on Cuomo's proposal. Lawmakers only meet in Albany for the first half of the year. Democrats, who lead both chambers, said at the time they would consider the idea in January.

That proposal would have criminalized as domestic terrorism a mass casualty committed in New York where the motive is based on someone's race, religion, creed or sexual orientation. The penalty for the crime would be a maximum sentence of life without parole.

Under that proposal, a mass casualty would have been defined as any incident, motivated by hate, that results in the murder of at least one person and the attempted murder of at least two people, Cuomo's office said at the time.

That wouldn't fit what happened in Monsey, where Thomas is accused of attempting to murder at least five people, all of which survived the attack. That means Cuomo's proposal may be amended before he formally outlines it next month.

Cuomo appeared to suggest Monday that he would propose a broader definition of domestic terrorism in January than he initially recommended after the shooting in El Paso.

"What is terrorism? It's an attempt to kill or maim a large number of people because of their race, color, creed, and that's what these people are doing. It's domestic terrorism," Cuomo said. "Call it what it is."

Under Cuomo's previous proposal in August, the crime of domestic terrorism was expected to be defined as a class A felony, the highest level.

Cuomo is expected to unveil more specifics on the proposal during his State of the State address.

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