STATEN ISLAND — The state Supreme Court judge who was supposed to decide whether to release sealed grand jury evidence and testimony from the Eric Garner proceedings recused himself on Wednesday, citing a possible conflict of interest.
At a Wednesday hearing, Judge Stephen Rooney told lawyers for Public Advocate Letitia James, the New York Civil Liberties Union and the Legal Aid Society, who had asked that the records be unsealed, that he would step aside because his wife is on the board of Richmond University Medical Center. The hospital employed the EMS personnel who responded to the scene of Garner's arrest.
The responders were suspended from duty after a video showed them lending little aid to Garner during his chokehold arrest.
Rooney said another judge will handle the case and a public hearing on the release of the grand jury testimony that had been scheduled for Friday would likely be pushed back.
While Rooney said his wife's work with the hospital has never clouded his judgment before, he worried the public might see the tie as a conflict.
"It's never been an issue," Rooney said during the hearing. "In this case, given the heightened scrutiny of the media, I fear it might be."
Rooney could not say if the four EMS workers testified during the grand jury proceedings or not.
James said the decision for Rooney to recuse himself "raises more questions than answers" and emphasizes the need to release the grand jury information.
"The only way to restore the public’s faith in our justice system is to bring sunlight into the court system," James said.
"It’s why I am renewing my call for transparency and directing my legal team to continue fighting in court for disclosure. Regardless of who the new judge is, we will continue to fight for reform and transparency.”
After the grand jury voted not to indict Officer Daniel Pantaleo for Garner's death, Rooney released limited information about the proceedings at the behest of District Attorney Dan Donovan.
The petitions from the groups sought to have Rooney unseal the transcripts, evidence and records from the jury.
Rooney could not say which judge would step in to replace him or when the next hearing in the case would be held.
The grand jury's decision to not indict Pantaleo sparked weeks of protests around the city. The protests prompted Mayor Bill de Blasio to agree to meet with organizers this week.
Since the apparent chokehold death of Garner was caught on a dramatic video, some argued it's important for the public to see the information the grand jury was shown before making the decision not to indict.
"The failure to indict the officer responsible for the death of Eric Garner after the incident was clearly recorded on video has severely damaged the ability of much of the public to trust the criminal justice system and has left many wondering if black lives even matter,” said NYCLU Executive Director Donna Lieberman in a statement.
