Judge won't release Eric Garner grand jury minutes

Yamiche Alcindor | USA TODAY

Prosecutors cannot release any details about the deliberations of a grand jury that did not indict a New York City police officer involved in the arrest of a Staten Island man who later died, a New York judge ruled Thursday.

A Staten Island grand jury on Dec. 3 declined to indict New York police officer Daniel Pantaleo for the death of Eric Garner, 43, after his arrest July 17 for illegally selling cigarettes. A videotape of the incident shows Pantaleo with his arm around Garner's neck as he and other officers wrestle him to the ground while Garner repeatedly says he can't breathe. Garner later died at the hospital.

The grand jury's decision prompted massive demonstrations and "die-ins" with protesters chanting "I can't breathe," Garner's last words on the videotape.

Lawyers for several legal organizations, including NAACP, New York City Public Advocate Letitia James, Legal Aid Society and the New York Civil Liberties Union asked a judge to permit disclosure of the testimony and evidence heard by the grand jury as a way to restore public trust in the judicial system.

"Many people cannot understand how it is that there was no indictment," Matthew Brinckerhoff, an attorney for the public advocate, said. "This case is the catalyst for what will undoubtedly be reform measures."

Richmond County Judge William Garnett in his ruling said if dramatic change is warranted, it should be done by the state legislature and not the judiciary branch.

"The decision of the grand jurors in this case was theirs alone, after having heard all the evidence, having been instructed on the law and having deliberated," Garnett wrote in his 12-page ruling. "Their collective decision should not be impeached by unbridled speculation that the integrity of this grand jury was impaired in any way."

Garnett said revealing the inner workings of grand jury would undermine its ability to judge cases free of bias and outside influence.

"If every newsworthy case were deemed compelling and, thus justified disclosure, the veil of grand jury secrecy would be lifted and every citizen's rights to have fellow citizens, sitting on a grand jury, check the power of the police and the prosecutor without pressure from outside influences — real or perceived — would be imperiled," Garnett wrote.

Richmond County District Attorney Daniel Donovan, who brought Pantaleo's case before the grand jury, argued in court papers that the state must continue to protect citizens who serve on grand juries so they are not subject to public pressure. Following the grand jury's decision, Donovan, citing a need to maintain public trust in the criminal justice system, petitioned the court and was granted permission to disclose the composition of the grand jury and other statistical information, including how many witnesses had testified.

In court last month, Assistant District Attorney Anne Grady, arguing on Donovan's behalf, said revealing additional grand jury information would encourage "mob justice" and discourage witnesses from coming forward to testify.

"We respect and will adhere to Judge Garnett's well-reasoned decision," Donovan said Thursday in a statement.