NY judge will consider unsealing Eric Garner's grand jury proceedings

Not quite justice, but definitely a step in the right direction

Judge Will Hear Argument To Unseal Eric Garner’s Grand Jury Proceedings

Via HuffingtonPost

A New York judge said on Monday that he will hear arguments later this month over whether to unseal the grand jury proceedings that resulted in the decision not to indict a police officer in the death of Eric Garner.

The New York Civil Liberties Union, the Legal Aid Society, the office of New York City Public Advocate Letitia James and The New York Post have all petitioned for the records to be released. At a short hearing at the New York State Supreme Court in Staten Island on Monday, Judge William Garnett told attorneys for those groups to prepare oral arguments for a hearing on Jan. 29.

Garnett also asked the office of Richmond County District Attorney Daniel Donovan Jr. to prepare arguments against the release of the records. Donovan, who is opposed to the release, came under fire last month after the grand jury, which he convened, declined to indict New York City Police Officer Daniel Pantaleo for Garner’s death.

Garner, 43, died on July 17 after Pantaleo put him into a chokehold during an arrest for selling untaxed cigarettes. The incident was caught on a video, which eventually went viral, showing Garner screaming “I can’t breathe” numerous times before his body went limp.

Grand jury proceedings are typically sealed — meaning the public often never sees what evidence was presented to the grand jury — unless a petitioner can prove that the release of the documents serves a compelling public interest. The groups advocating for the unsealing of the Garner proceedings believe that the release would improve the ongoing national debate about grand juries in light of recent police violence.

“What is particularly compelling in this case is that we’re engaged in a public conversation about grand jury proceedings and about police behavior,” Arthur Eisenberg, the NYCLU’s legal director, told reporters after Monday’s hearing. “The disclosure of the grand jury minutes allows that conversation to be more informed and that, we think, under the circumstances of this case, is a compelling interest.”

Donna Lieberman, executive director of the NYCLU, added that the public debate surrounding Garner’s death is “so legitimately intense because the stakes are so high, the public has a right to know.”

“Sure, there are some matters that should legitimately be kept secret,” Lieberman continued, “but the lion’s share of what went on in that grand jury room needs to be made public. What is our future policy regarding grand juries? Should they exist, should they function in secret or should they be open? That’s what this case is about.

Amen.

Image via AP