Images of Eric Garner and Mike Brown hang outside the headquarters of Spike Lee's 40 Acres production company. (Photo: Ben Reid/cc/flickr)
Mar 20, 2015
Grand jury testimony in the chokehold death of Eric Garner will not be released because there was no "compelling reason" to publish the documents, a Staten Island judge ruled on Thursday in response to a lawsuit filed by the New York Civil Liberties Union.
The NYCLU in December petitioned the court to release testimony, evidence, and the instructions given to the jury that ultimately cleared NYPD officer Daniel Pantaleo of any wrongdoing in Garner's death, which was ruled a homicide due to compression of neck and chest in a police brutality incident captured on video last July. The grand jury's decision not to indict Pantaleo fueled ongoing civil rights protests against racial profiling and police brutality.
"The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
--Dana Lieberman, NYCLU"The outcome of grand jury proceeding has left many questions as to whether secret grand jury proceedings are instruments of injustice and whether the grand jury system should be abolished," NYCLU's motion stated. "The Garner grand jury is central to that public discussion. And it is important to that conversation for the public to know how and why the grand jury reached the conclusions that it did."
Judge William Garnett disagreed. "What would they use the minutes for?" he wrote in his decision (pdf) on Thursday. "The only answer which the court heard was the possibility of effecting legislative change. That proffered need is purely speculative and does not satisfy the requirements of the law."
Following the ruling, NYCLU legal director Arthur Eisenberg released a statement criticizing the court's decision 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," Eisenberg said. "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."
NYCLU executive director Donna Lieberman added, "The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
An Unconstitutional Rampage
Trump and Musk are on an unconstitutional rampage, aiming for virtually every corner of the federal government. These two right-wing billionaires are targeting nurses, scientists, teachers, daycare providers, judges, veterans, air traffic controllers, and nuclear safety inspectors. No one is safe. The food stamps program, Social Security, Medicare, and Medicaid are next. It’s an unprecedented disaster and a five-alarm fire, but there will be a reckoning. The people did not vote for this. The American people do not want this dystopian hellscape that hides behind claims of “efficiency.” Still, in reality, it is all a giveaway to corporate interests and the libertarian dreams of far-right oligarchs like Musk. Common Dreams is playing a vital role by reporting day and night on this orgy of corruption and greed, as well as what everyday people can do to organize and fight back. As a people-powered nonprofit news outlet, we cover issues the corporate media never will, but we can only continue with our readers’ support. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Nadia Prupis
Nadia Prupis is a former Common Dreams staff writer. She wrote on media policy for Truthout.org and has been published in New America Media and AlterNet. She graduated from UC Santa Barbara with a BA in English in 2008.
Grand jury testimony in the chokehold death of Eric Garner will not be released because there was no "compelling reason" to publish the documents, a Staten Island judge ruled on Thursday in response to a lawsuit filed by the New York Civil Liberties Union.
The NYCLU in December petitioned the court to release testimony, evidence, and the instructions given to the jury that ultimately cleared NYPD officer Daniel Pantaleo of any wrongdoing in Garner's death, which was ruled a homicide due to compression of neck and chest in a police brutality incident captured on video last July. The grand jury's decision not to indict Pantaleo fueled ongoing civil rights protests against racial profiling and police brutality.
"The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
--Dana Lieberman, NYCLU"The outcome of grand jury proceeding has left many questions as to whether secret grand jury proceedings are instruments of injustice and whether the grand jury system should be abolished," NYCLU's motion stated. "The Garner grand jury is central to that public discussion. And it is important to that conversation for the public to know how and why the grand jury reached the conclusions that it did."
Judge William Garnett disagreed. "What would they use the minutes for?" he wrote in his decision (pdf) on Thursday. "The only answer which the court heard was the possibility of effecting legislative change. That proffered need is purely speculative and does not satisfy the requirements of the law."
Following the ruling, NYCLU legal director Arthur Eisenberg released a statement criticizing the court's decision 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," Eisenberg said. "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."
NYCLU executive director Donna Lieberman added, "The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
Nadia Prupis
Nadia Prupis is a former Common Dreams staff writer. She wrote on media policy for Truthout.org and has been published in New America Media and AlterNet. She graduated from UC Santa Barbara with a BA in English in 2008.
Grand jury testimony in the chokehold death of Eric Garner will not be released because there was no "compelling reason" to publish the documents, a Staten Island judge ruled on Thursday in response to a lawsuit filed by the New York Civil Liberties Union.
The NYCLU in December petitioned the court to release testimony, evidence, and the instructions given to the jury that ultimately cleared NYPD officer Daniel Pantaleo of any wrongdoing in Garner's death, which was ruled a homicide due to compression of neck and chest in a police brutality incident captured on video last July. The grand jury's decision not to indict Pantaleo fueled ongoing civil rights protests against racial profiling and police brutality.
"The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
--Dana Lieberman, NYCLU"The outcome of grand jury proceeding has left many questions as to whether secret grand jury proceedings are instruments of injustice and whether the grand jury system should be abolished," NYCLU's motion stated. "The Garner grand jury is central to that public discussion. And it is important to that conversation for the public to know how and why the grand jury reached the conclusions that it did."
Judge William Garnett disagreed. "What would they use the minutes for?" he wrote in his decision (pdf) on Thursday. "The only answer which the court heard was the possibility of effecting legislative change. That proffered need is purely speculative and does not satisfy the requirements of the law."
Following the ruling, NYCLU legal director Arthur Eisenberg released a statement criticizing the court's decision 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," Eisenberg said. "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."
NYCLU executive director Donna Lieberman added, "The failure to indict the officer responsible for the death of Eric Garner has left many wondering if black lives even matter. Sadly, today's decision will only leave many asking that same question again."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.