A Staten Island judge on Thursday decided not to release testimony heard by the grand jury that declined to indict the officer behind Eric Garner's death.
Despite arguments from the NYCLU and others that the public deserved to know the mechanics behind the hotly contested decision not to indict Officer Daniel Pantaleo, Staten Island District Attorney Daniel Donovan argued that the "disclosure would damage the credibility of prosecutors seeking to assure both grand jurors and witnesses that details of their participation would be kept from public view," the Post reports.
“What would they use the minutes for? The only answer which the court heard was the possibility of effecting legislative change,” Donovan wrote. “That proffered need is purely speculative and does not satisfy the requirements of the law.”
The decision not to indict Pantaleo ignited protests across the nation, including several months of impassioned demonstrations in NYC.
The NYCLU, part of a coalition of groups petitioning for the documents' release, issued the following statement:
We are disappointed that the court has chosen to perpetuate secrecy rather than promote transparency. In doing so, the court has reinforced the distrust many New Yorkers already feel toward the performance of the criminal justice system in this case. Under the law, there is a presumption in favor of grand jury secrecy. But that presumption is not absolute. The court has the discretion to order disclosure under compelling circumstances which were certainly present here.
Jonathan Moore, a lawyer representing Garner’s family said that the decision is "unfortunate given the great deal of public interest in this case that he’s refused to provide the public access to any of the materials in the grand jury.”
The decision is expected to be appealed.
