In light of the decision by a Staten Island, New York grand jury to return a non-indictment in the Eric Garner death case, CGID has called on New York Governor Andrew Cuomo and New York State Legislators to enact changes to NYS Public Service Law and Criminal Procedure Law (to be known as the Garner Law) to assure a fairer, more equitable and transparent justice system. Following is CGID’s letter to the New York State officials.
December 8, 2014
Hon. Andrew Cuomo
Governor of the State of New York
New York State Capitol Building
Albany, NY 12224
Dear Governor Cuomo:
The failure of the Richmond County (Staten Island) grand jury, under the direction of republican District Attorney, Daniel Donovan, Jr., to indict NYPD officer Daniel Pantaleo for using an illegal choke-hold to kill Mr. Eric Garner, has brutally diminished the credibility of the criminal justice system.
The occurrence of Police officers killing Black men with impunity has become pervasive. This has now enlightened the American people to the vulnerability of African-American men to prejudiced law enforcement officials and prosecutors who; in certain instances, manipulate procedural law and judicial instruments to attain certain pre-determined outcomes.
This oppressive juggernaut is responsible for the death or incarceration of a generation of Black men. This must not be allowed to continue, for it is an atrocity and gross human rights depravation which all Americans must reject.
The failure of the grand jury to indict officer Pantaleo is inexplicable. Clearly, there is probably cause to believe that officer Pantaleo committed a crime. The substantial body of prima facie evidence available establishes that either he intentionally or recklessly caused Mr. Garner’s death. This horrific crime was witnessed by dozens of unbiased citizens and captured on video tape, and the Medical Examiner of the City of New York ruled that Mr. Garner’s death was a homicide.
In the face of this incontrovertible evidence, why did the grand jury “not” return a true bill for an indictment? What went wrong?
(I) Although within his purview, D.A Donnovan refused to directly indict officer Pantaleo. Had he done so, the case would have taken its natural course with an ultimate trial, as is done each day in every other case.
(II) The leaks that have emanated from the grand jury thus far suggest that Mr. Donnovan may have engaged in a charade grand jury process, which he potentially used to concealed congenital prejudices, and may have designed submissions to induce a predetermined outcome – a non-indictment or “no true bill.”
(III) 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-trials with secret grand jury investigations. These proceedings turn out to be de facto trials. Prosecutors dump incriminating and exculpatory evidence, forensic evidence, expert testimony, as well as legal theories and statute before this panel; then misguide them to use the standard of guilt or innocence to determine whether or not to indict. This appears to be true in the Eric Garner case.
(IV) This is an abuse of the grand jury process that fundamentally changes the fairness and configuration of the American justice system.
(V) A grand jury is not a trier of fact or finder of fact. The singular 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.
(VI) The practice of trial by grand jury is unjust. It skews the process in favor of, and awards special treatment to, Police officers. Ordinary citizens do not get this privilege. Therefore, this practice potentially violates the equal protection clause of the US Constitution.
(VII) Clearly, our community is disgusted with the phenomenon of police officers killing minorities with impunity. This nefariousness design is enabled by certain prosecutors who use grand juries to obfuscate their intent to decline indictments in these circumstances.
In order to terminate these unjust practices, there must be immediate reform. Consequently, the New York Caribbean Guyana Institute for Democracy (CGID) proposes the enactment of the Eric Garner Law. This provision envisions amendments to the NYS Civil Service Law, Criminal Procedure Law, and other relevant laws, to mandate that:
(a) New York City Police officers must live within the five boroughs.
(b) Police officers who are convicted for killing unarmed citizens must be personally liable for their own civil penalties.
(c) Police officers cannot use deadly force in situations where unarmed suspects pose no threat to themselves or others; must employ non-lethal methods to subdue unarmed, non-violent subjects and, must be thoroughly trained in these areas; including de-escalation tactics.
(d) In cases where alleged Police abuse or misconduct result in death or serious injury, the District Attorney of the County “must,” after an investigation, either exercise his/her deliberate judgment to indict the subject officer and refer the matter for a preliminary/probable cause hearing before a judge, or, after an investigation, refer the matter directly to a judge for a preliminary/probable cause hearing.
(e) The defendant may cross-examine adverse witnesses and may introduce evidence at the preliminary/probable cause hearing but shall not be permitted to object to evidence. If the judge finds probable cause to believe a crime was committed, the defendant shall be indicted to stand trial. If the judge finds no probable cause to believe the defendant committed a crime, the judge must dismiss the complaint and discharge the defendant.
(f) Transcripts of all grand jury testimonies must be made public upon a motion for released which shall be heard and determined by a justice of the New York Supreme court.
We believe that these changes if enacted will help to make the justice system fairer and more transparent, and will help to restore a level of trust in our criminal justice system.
We look forward to engaging you and our various State and City legislators on the aforementioned recommendations.
Yours sincerely,
Rickford Burke, LL.M.
President
CC: Hon. Bill deBlasio, Mayor of New York City
Members of the United States House of Representatives from New York City
Hon. Letitia James, New York City Public Advocate
New York State Assembly Members
New York State Senators
New York City Council Members
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