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Judge Denies Request For Eric Garner Grand Jury Testimony
By
Emma Whitford
Published Aug 21, 2015
Modified Apr 10, 2018
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By
Emma Whitford
Published Aug 21, 2015
Modified Apr 10, 2018
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A Staten Island judge has denied the Civilian Complaint Review Board's request for testimony heard by the grand jury that declined to indict Daniel Pantaleo—the NYPD officer who put Eric Garner in a fatal chokehold in Staten Island last summer.
The CCRB had filed suit for the records, citing them as key evidence in an ongoing investigation into Garner's death. According to the CCRB, the government agency had struggled to convince the NYPD to cooperate with them in providing evidence.
The News reports that Judge William Garnett, who also ruled against releasing the records to the New York Civil Liberties Union in March, wrote in yesterday's ruling, "The CCRB has not presented compelling arguments for the disclosure of the grand jury minutes."
According to the paper, the judge accused the CCRB of conducting a sluggish investigation into Pantaleo's conduct. "The grand jury evidence is not available for the sake of convenience or to save a city agency from embarrassment for having failed to diligently pursue its charter mandate," he wrote.
CCRB Chair Richard Emery told the NYTimes that the NYPD has recently been cooperative, but that the grand jury records are "obviously critical for a fair analysis."
He elaborated in an official statement condemning the ruling. “Judge Garnett’s opinion studiously avoids the facts and the law," Emery said. "The law is that when administrative agencies require Grand Jury minutes to fulfill their mandate for discipline, Grand Jury secrecy has yielded, especially in cases where there is no indictment." The CCRB is seeking an expedited appeal.
Earlier this summer, the Legal Aid Society successfully sued the CCRB, after the organization denied a FOIL request for the number of substantiated disciplinary complaints filed against Pantaleo before he put Garner in a chokehold last July 17th.
"If our government, through the Civilian Complaint Review Board and New York Police Department, has a record of substantiated misconduct by Officer Pantaleo that pre-dated Mr. Garner's death, the public has a right to know about it," said Legal Aid Attorney Tina Luongo, in a statement.
The CCRB initially denied Legal Aid's FOIL request on the grounds that publicizing the records would subject Officer Pantaleo to threats and abuse.
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chokeholds
eric garner
grand jury
staten island
Emma Whitford
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