Eric Garner Update: New York State Attorney General Requests "Special Prosecutor" In Cases Involving Unarmed Civilians
In the wake of the choking death of Eric Garner by a New York City police officer, state Attorney General Eric Schneiderman announced on Monday he'd asked Gov. Cuomo to allow him to investigate, and, if necessary, prosecute cases involving unarmed civilians killed by police officers.
"The horrible events surrounding the death of Eric Garner have revealed a deep crisis of confidence in some of the fundamental elements of our criminal justice system," NYS Attorney General Eric Schneiderman said in a statement. "Nothing could be more critical for both the public and the police officers who work tirelessly to keep our communities safe than acting immediately to restore trust and confidence in the independence of reviews in any case involving an unarmed civilian killed by a law enforcement officer."
But despite the timing of the announcement, less than a week after the Staten Island grand jury failed to indict the police officer who used a chokehold that led to Garner's death of any criminal charges, Schneiderman's request will not include an investigation in the Garner case or any prior cases where the outcomes were seen as unjust by grieving families or the general public.
Several measures have been introduced by State lawmakers. A bill introduced in 1999 by Assemblyman Keith Wright, and most recently sponsored by Senator Gustavo Rivera, would charge the Attorney General's office with powers to investigate any crime allegedly committed by a police officer. Another bill, introduced by State Sen. Kevin Parker, would limit the alleged crime to New York City police officers, and a third bill, introduced by state assemblyman Nick Perry, would amend a law to allow a judge to appoint another District Attorney or Attorney General to act as a "special district attorney" if the county prosectuor is "disqualified."
"The failure of the Grand Jury to indict in the Eric Garner case, in which there was no question of ample probable cause for an indictment, demonstrates unequivocally the need for an independent investigator with prosecutorial authority in all cases where someone is killed at the hands of the police," said Rep. Jerrold Nadler (D-NY).
In his letter to Cuomo, Schneiderman said the "crisis of confidence is long in the making and has deep roots."
"A common thread in many of these cases is the belief of the victim's family and others that the investigation of the death, and the decision whether to prosecute, have been improperly and unfairly influenced by the close working relationship between the county district attorney and the police officers he or she works with and depends on every day," Schneiderman wrote.
"It is understandable that many New Yorkers feel that it is unfair to charge a local District Attorney with the task of investigating and prosecuting those officers when they are accused of a serious crime committed in the course of their duties," he added.
Not everyone was agreement.
Responding to the Schneiderman's call to act as "special prosecutor," Brooklyn's District Attorney Ken Thompson responded.
"As the duly elected District Attorney of Brooklyn, I'm adamantly opposed to the request by the New York State Attorney General for authority to investigate and potentially prosecute alleged acts of police brutality. No one is more committed to ensuring equal justice under the law than I am," Thompson said in a released statement.
"Moreover, acts of police brutality are not only crimes against the individual victim but also are attacks on the communities in which they occur. Therefore, local prosecutors who are elected to enforce the laws in those communities should not be robbed of their ability to faithfully and fairly do so in cases where police officers shoot, kill or injure someone unjustly. The people of Brooklyn have voted for their District Attorney to keep them safe from all crimes, including those of police brutality. The Attorney General's proposal would override their choice -- and that should not happen."
A New York Daily News report found that of the 179 people killed by the NYPD over 15 years, only three officers were prosecuted. The Justice Department continues to investigate the Eric Garner case.
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