Following yesterday’s hearing, in which a New York state appeals court heard arguments on unsealing the minutes of the grand jury sequestered to look into the police killing of unarmed Eric Garner in Staten Island, City Public Advocate Leticia James declared her office has the authority to investigate all five district attorneys in New York City.
James’ comments came as her office, along with a coalition of organizations, continued their court battle to examine crucial parts of the grand jury proceeding last March that exonerated Police Officer Daniel Pantaleo or anyone else involved with the chokehold death Garner as cops swooped into arrest him for allegedly selling loose cigarettes.
Garner’s death was caught on video and led to massive nationwide protests featuring the catchphrase, “I can’t breathe,” which were Garner’s last words before he passed out on the sidewalk and was later declared dead at a local hospital.
At yesterday’s hearing, Assistant District Attorney for Staten Island Anne Grady, argued that opening the files would create problems and violates the nature of grand jury proceedings, which allows for secrecy of key witnesses and evidence to determine if criminal charges are warranted.
“Most of the information they are seeking is publicly available without the need of piercing grand jury secrecy,” said Grady.
But James stuck with her argument that more minutes from the Grand Jury should be released “for the purposes of moving legislation forward to reforming a broken justice system.”
“We are seeking limited information; the charges that were presented, the correspondents between the grand jury and the district attorney and the testimony of officer [Daniel] Pantaleo,” said James.
At the hearing, one of the justices admonished James’ attorney, Matthew Brinckerhoff, saying that James’ office cannot prosecute district attorneys it can oversee finances as well as make inquiries and referrals due to a limited scope.
Other organizations involved in the lawsuit to release the Grand Jury minutes were the National Association for the Advancement of Colored People (NAACP), the New York Civil Liberties Union and the Legal Aid Society.
“The secrecy that is shielding the grand jury for many kinds of disclosure or accountability to the public is simply heightening the suspicions that many New Yorkers have both of the police department and of the grand jury system,” said New York Civil Liberties Executive Director Donna Lieberman. “They say democracy dies behind closed doors, well it’s also true that justice dies behind closed doors.”
