New York Caribbean Institute for Democracy (CGID) condemns Eric Garner Grand Jury decision, endorses federal probe and calls for immediate justice system reforms
BROOKLYN: The New York Caribbean Guyana Institute for Democracy (CGID) condemns the decision by a Richmond County (Staten Island) grand jury, under the direction of republican District Attorney, Daniel Donovan, Jr., not to indict NYPD officer Daniel Pantaleo for using an illegal choke-hold to kill Eric Garner. This shocking and outrageous decision defies logic.
No one is oblivious of the fact that officer Pantaleo intentionally or recklessly killed Eric Garner . This horrific crime was witnessed by dozens of unbiased citizens and captured on video tape. The Medical Examiner of the City of New York ruled that Mr. Garner’s death was a homicide.
Yet, in the face of this incontrovertible evidence, D.A Donnovan refused to directly indict officer Pantaleo and allow the case to take its natural course with an ultimate jury or bench trial, as is done every day, in every other case. Instead, Mr. Donnovan engaged in a charade grand jury process – hiding his own congenital biases behind the majority white grand jury, while making a “wink and nod” submission to induce a predetermined non-indictment (“no true bill”).
There is a proliferation of cases all across America where prosecutors, who do not genuinely wish to indict or prosecute Police officers who kill black men, supplant jury trails with secret grand jury proceedings. These “kangaroo” deliberations in fact serve as secret trials where prosecutors dump both incriminating and exculpatory evidence before the panel and prod jurors to use the standard of guilt or innocence to determine whether or not to indict. This was true in both the Eric Garner and Michael Brown cases. Ordinary citizens do not enjoy this privilege.
This abuse of the grand jury process renders our criminal justice system nugatory. A grand jury is not a trier of fact, or finder of fact. The singular, limited purpose of a grand jury is to investigate the potentiality of criminal conduct and determine if there is “probable cause” or a “sufficiency of evidence” to institute criminal charges.
This is a fraudulent and unjust practice that skews the process in favor of Police officers, and fundamentally changes the fairness and configuration of the American justice system. CGID believes that this practice violates the equal protection clause of the US Constitution, and is therefore unconstitutional.
Clearly, the republican law enforcement and prosecutorial complexes do not value black life. They see us as sub-humans who deserve to be gunned downed or treated like animals, with no accountability. We are disgusted with the phenomenon of white police officers who deliberately murder black men with impunity, being enabled by republican prosecutors who use grand juries, comprising individuals with potential prejudices, to decline indictments – Essentially manoeuvring to get them off. The black community can no longer sustain or tolerate this systematic killing.
There must be change now! Not tomorrow or sometime in the future, but now! We have therefore written Governor Andrew Cuomo, the New York State Legislature and the New York City Council requesting that they enact the Eric Garner Law to ensure a fairer justice system and greater law enforcement accountability. We have proposed that the Garner Law mandates that:
(I) Police officers must live within the five boroughs of the New York City.
(II) Police officers who are found guilty of killing unarmed citizens must be personally liable for their own defense and civil penalties.
(III) Police officers cannot use deadly force in situations where unarmed suspects pose no threat to themselves or others but must employ non-lethal methods to subdue unarmed, non-violent subjects, and must be thoroughly trained in these areas as well as in de-escalation tactics.
(IV) The Governor shall appoints a special prosecutor to investigate and prosecute allegations of Police abuse or misconduct that result in death or serious injury, and that other cases involving the use of excessive force must either be indicted directed by the District Attorney or be subjected to a preliminary/probable cause hearing by a judge.
(v) Police officer must be equipped with body cameras.
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p align=”justify”>We will be engaging the Governor and our State and City representatives on this proposal.
The blogmaster invites you to join the discussion.