Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

State's Highest Court Denies Release of Eric Garner Grand Jury Testimony

By Nicholas Rizzi | November 24, 2015 6:17pm
 A state court denied the release of testimony from the Eric Garner grand jury proceedings.
A state court denied the release of testimony from the Eric Garner grand jury proceedings.
View Full Caption
New York Daily News

STATEN ISLAND — A state court ruled on Monday to keep the testimony from the Eric Garner grand jury secret, ending a nearly yearlong court battle to release the transcripts.

A state appellate court denied a motion by Public Advocate Letitia James, the New York Civil Liberties Union, the Legal Aid Society, the NAACP and the New York Post to overturn a Staten Island judge's decision to keep the minutes from the grand jury proceedings secret.

"We took on this case to pursue transparency, accountability and to restore the public's faith in justice including through legislation and other public policy making," James said in a statement. "Although this decision is disappointing, we take heart in the progress we have made, such as the establishment of a special prosecutor and the nationwide attention the cause of criminal justice reform has received."

In December 2014, the groups first filed a motion in a Staten Island court to unseal the minutes and testimony from the grand jury proceedings, which ruled not to indict NYPD Officer Daniel Pantaleo for the death of Garner, 43, after he was arrested for allegedly selling untaxed cigarettes last year.

They argued the release — with witnesses' names redacted — would help the public understand how the 23-jury person grand jury came to their ruling — even though Pantaleo was caught on video putting Garner in an apparent chokehold and wrestling him to the ground while he pleaded "I can't breathe" numerous times.

They also argued the testimony would help make reforms to the grand jury process in New York.

In March, Judge William Garnett sided with then District Attorney Dan Donovan to keep the records sealed because the parties did not establish a clear need to release them and it could put the witnesses in danger.

"If every newsworthy case were deemed compelling and thus justified disclosure, the veil of grand jury secrecy would be lifted," Garnett wrote in the filing. "Every citizen's right to have fellow citizens, sitting on a grand jury, check the power of police and the prosecutor without pressure from outside influences — real or perceived — would be imperiled."

The parties then filed an appeal in a Brooklyn Appellate court, but the four judge panel unanimously denied it in July. In their ruling, the judges wrote the advocate did not provide a sufficient need to break grand jury secrecy and there was already enough information available to the public about the case.

After the decision, the parties moved to the state's highest court in August and filed a motion in an Albany Appellate court to overturn Garnett's decision, which was denied on Monday.