New York’s Attorney General is seeking broader powers to investigate when a police officer ends up killing an unarmed civilian. Eric Schneiderman had plenty of support when he asked for the governor to act.
The death of Eric Garner in New York City was called horrible by attorney general Eric Schneiderman…and he’d like immediate action taken so he can conduct an investigation. The A-G sent a letter to Governor Cuomo seeking an executive order to grant him the powers…a reaction to the resultant lack of any charges against the officer who’s choke hold led to Garner’s death.
“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,” said Attorney General Schneiderman. “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. While several worthy legislative reforms have been proposed, the Governor has the power to act today to solve this problem. I strongly encourage him to take action now.”
But Schneiderman says the mistrust and lack of confidence in the justice system have roots much deeper.
CURRENT SATE LAW SUPPORTS LOCAL JURISDICTIONS, DECISIONS
Since a local prosecutor – and a grand jury – decided not to bring any charges against the officer, Schneiderman’s hands are tied. That might all change with proposals in the State Legislature during its coming session. But the A-G wants to address this now…as the issue is getting national attention from this and other incidents. He reminded Cuomo – a former attorney general himself – that executive law would allow the governor to supersede the local district attorney.
ELECTED OFFICIALS SHARE THE AG's CALL FOR ACTION
Dozens of federal, state and New York City elected officials stood by Schneiderman…all of whom saying they seek justice for Garner and his family…but also a restoration of faith in the entire justice system.
New York City Public Advocate Letitia James said, "Recent national events have raised serious questions about the ability of local prosecutors to bring charges against police officers. It is unrealistic to expect district attorneys who regularly rely on local police to make cases to be absolutely impartial when investigating police misconduct. In order to remove conflict of interest or bias, it is imperative that a separate prosecutor - with no connection to the local police department - pursue police misconduct cases. I'm proud to work with Attorney General Schneiderman in advancing common-sense solutions and restoring faith in our justice system."
Joo-Hyun Kang, director of Communities United for Police Reform, said, "Given the historic lack of systemic accountability in police brutality cases, we applaud the NYS Attorney General's move to seek to establish the office's authority to investigate and criminally prosecute police officers in cases where deadly force is used against unarmed people. For over two decades, there has been a call for independent prosecution in light of District Attorneys' consistent failure to secure indictments and prosecute in case after case where officers have unjustly used excessive and deadly force. This is a significant step forward in addressing the double standard that has for too long treated officers who brutalize and kill as if they are above the law."
New York State Senator Daniel Squadron said, "Restoring faith in its fairness requires reforming each aspect of our criminal justice system, and ensuring that the most difficult investigations for local prosecutors are in the hands of the Attorney General is a very important step. I commend Attorney General Schneiderman, Public Advocate James and my colleagues for this important proposal and urge my colleagues in the legislature to quickly consider and act on a broad reform agenda."
New York State Assemblymember Francisco Moya said, "As the Eric Garner case has shown us, District Attorney-led prosecutions of police officers can create a conflict of interests. We must find better ways to police our police. The death of Eric Garner and the subsequent failure of the grand jury to indict the police officer responsible for his death, on any charge, has made that plain. Until we can agree upon a permanent legislative remedy for this problem, putting such prosecutions in the hands of the Attorney General makes sense. I commend Attorney General Eric Schneiderman for identifying and offering a remedy for a serious problem in our criminal justice system."
New York State Assemblymember Keith L. T. Wright said, "I have been pushing the State Legislature to afford the Attorney General jurisdiction over cases of police misconduct since 1999. I am saddened by the death of yet another black man at the hands of the police but gladdened by Attorney General Schneiderman's proactive stance today. The employ of an unbiased arbiter is desperately needed in this instance. I urge Governor Cuomo to use his executive authority to bring a sense of hope to communities of color in New York State.”
New York City Councilmember Andy King (District 12), co-chair of the City Council's Black, Latino & Asian Caucus,said, "We have witnessed hundreds of cases across our city, state and country in which outside special prosecutors and grand juries are appointed that do not reflect the interest of the local communities. To authorize Attorney General Schneiderman to investigate circumstances surrounding the acts of police officers resulting in the death of unarmed civilians until legislation is passed makes perfect sense. I urge Gov. Cuomo to take executive action to fix our state criminal justice system. I commend Attorney General Schneiderman for taking on this proactive stance.”
New York City Councilmember Mark Levine (District 7) said, "The results in the case of Eric Garner--and many others--have shaken the public's confidence in our legal system. We need a fair and independent prosecutor in charge when police officers kill unarmed civilians. I urge Governor Cuomo to grant this power to the Attorney General until a permanent legislative solution can be worked out."
