The public will not be allowed to see the testimony which was weighed by the grand jury who declined to indict one white police officer for the chokehold death of a black man.
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But in Wednesday’s unanimous decision, the court ruled that this argument was “unpersuasive”.
The judges noted that “courts that have permitted disclosure of grand jury evidence have uniformly done so for a few goal other than generalized public interest and dissemination”, and said the petitioners in this case did not meet that threshold. “Although the target of the grand jury proceedings in Matter of Hynes was a civilian, and the targets here are public servants, we find that distinction to be without a difference to the resolution of this case”.
“The governor and the legislature have been considering how to address the problem of alleged misbehavior by police officers and the apparent conflict that arises when a district attorney is called upon to prosecute the police”, Eiesnberg continued. “And I think what has happened here is that the Garner grand jury and the perception of unfairness has driven the conversation”. “The court’s opinion didn’t even consider that crucial question”.
Garner died on July 17, 2014, in a controversial confrontation caught on cell phone video with police on Staten Island.
Pantaleo remains on desk duty and is the subject of an internal police department investigation. The officer says he didn’t use a chokehold.
City Public Advocate Letitia James and legal groups said they’ll appeal and keep fighting to make the information public. In a statement, attorneys for the NYCLU vowed to appeal.
The decision came hours after a white University of Cincinnati officer was indicted on a murder charge in the fatal shooting of an unarmed black motorist. Garner’s death drew outrage after a video showing him being strangled by the officer surfaced online.
New York City earlier this month agreed to pay Garner’s family $5.9 million to resolve the claim over his death. Garner’s mother and widow, though, have said they won’t stop protesting until someone is indicted in Garner’s death.
Shortly after that decision, a judge released limited information about the grand jury, including that there were 50 witnesses and 60 exhibits presented.
Richmond County Dist. Atty.
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Three of the judges also wrote that James did not have power in the city charter to enact reforms on the grand jury proceedings and the roles of District Attorney, while only Leventhal disagreed.
