State Lawmakers Discuss Grand Jury Reforms Following Garner Case Controversy

ALBANY, N.Y. (CBSNewYork/AP) -- New York state lawmakers on Thursday began debating grand jury reforms meant to restore public trust when police are investigated.

The issue got increasing attention following last year's death of Eric Garner, an unarmed black Staten Island man who got into a videotaped confrontation with white police officers.

A grand jury declined to indict NYPD Officer Daniel Pantaleo, seen in Staten Island on video choking Garner. The decision sparked major protests across the city.

Also following the Garner case, the Legal Aid Society, New York City Public Advocate Letitia James, and the joined the New York Civil Liberties Union have filed petitions seeking the release of transcripts, instructions given, and evidence presented, to the grand jury that decided not to indict Pantaleo.

At a hearing on the state's criminal justice budget, several legislators questioned reform proposals by Gov. Andrew Cuomo and Chief Judge Jonathan Lippman, who would establish oversight by a special prosecutor or judge, respectively, when police are accused of wrongdoing.

Lippman would also peel back the secrecy surrounding grand jury proceedings, which originated in medieval England, when no charges are brought in cases of significant public interest.

Individual legislators raised other options. Assemblyman Daniel O'Donnell, a Manhattan Democrat, said prosecutors should have to disclose publicly what charges they have grand juries consider. He said he understood the reasons for secrecy, where witnesses should be able to speak freely.

``But a DA's an elected official. And if the people of Staten Island don't like what he charged to that jury, then they can choose to un-elect him,'' said O'Donnell, a former public defender. ``Most crimes require intent to commit the crime. But there are some that have nothing to do with intent.''

Based on his experience and the public comment by the accused police officer that he didn't intend to hurt anyone, O'Donnell said he's sure the prosecutors didn't charge any non-intentional crimes in that Staten Island grand jury.

A spokesman for the district attorney's office declined to comment on O'Donnell's remarks.

Staten Island District Attorney Daniel Donovan, now running for Congress, has said that New York law prohibits prosecutors from disclosing details about proceedings, with an exception for compelling and particular need. He told The New York Times this week that he never entered the grand jury's chambers or met any of the 50 witnesses, that the case was handled by eight staffers and they did everything properly.

Garner's family has sued, trying to obtain the grand jury transcripts.

Another proposal raised Thursday, this one by Assemblyman Alfred Graf, a Long Island Republican and former NYPD officer, would leave the current closed-door system intact. He said secrecy is important to keep witnesses from being tampered with. Cuomo is proposing a return to the sort of 12th-century influence once wielded by English kings over grand juries, he said.

``What we have now is the governor is looking at appointing his own person to review grand jury testimony, grand jury evidence, and we don't know who this person is going to be,'' Graf said. ``It's going to be a political appointment.''

Administration officials said that's an inaccurate description of the governor's proposal, which would have an expert review police cases afterward and make a recommendation on whether to appoint a special prosecutor.

``These reforms were developed in consultation with criminal justice experts, prosecutors and activists, and have been endorsed by a wide range of groups including the District Attorneys Association,'' Cuomo spokesman Richard Azzopardi said. ``It's a balanced package to increase transparency, accountability and ensure justice in perception and in reality. Hyperbole accomplishes none of those things.''

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