New York Court Refuses to Release Garner Grand Jury Transcripts

A panel of appellate court judges voted Wednesday not to release the grand jury minutes of the Garner case, upholding an earlier Staten Island court ruling and creating another hurdle for Public Advocate Letitia James, the New York Civil Liberties Union and several other parties that have been lobbying on behalf of disclosure.

“Despite the intense public interest in this case, which this Court recognizes, the Supreme Court properly determined that the appellants’ reasons do not constitute a compelling and particularized need for disclosure of the requested grand jury materials”, the decision reads. “The public deserves to know what happened with that grand jury and why what we saw with our eyes did not match the failure to indict those responsible for Eric Garner’s death”.

Garner’s relatives weren’t happy about this decision and they believe that the only way in which their doubts regarding the grand jury’s fairness will be addressed would be if the information were made public.

In their decision Wednesday, three of the four judges also ruled that James’ oversight authority does not extend to district attorney’s offices because they should not be considered “city agencies”.

Garner died on July 17, 2014, in a controversial confrontation caught on cell phone video with police on Staten Island.

The decision came hours after a white University of Cincinnati officer was indicted on a murder charge in the fatal shooting of an unarmed black motorist.

A medical examiner found the chokehold contributed to Garner’s death.

Looking at the grand jury records, Brinckerhoff argued, would be helpful to James and other elected officials in their efforts to shape grand jury reform. A cellphone video showed him being taken down after NYPD Officer Daniel Pantaleo grabbed him around the neck from behind.

In the flurry of social media comments that followed the court decision, activists said the Cincinnati indictment did not make it any easier to accept the New York court’s outcome.

The grand jury decision not to charge Pantaleo was met with protests and rallies in December. Garner’s mother and widow, though, have said they won’t stop protesting until someone is indicted in Garner’s death. He noted grand jurors and witnesses expect confidentiality.

Richmond County Dist. Atty.

James, who wants the grand jury minutes in order to investigate then-Staten Island DA Daniel Donovan’s office, vowed to again appeal the decision.