District Attorneys across New York are bristling at state Attorney General Eric Schneiderman's new authority to investigate police killings of civilians.
"Gravely flawed." That’s New York's District Attorneys’ initial reaction to Governor Andrew Cuomo empowering Schneiderman’s office to investigate the deaths of unarmed civilians at the hands of police. Schneiderman has authorized local prosecutors to start investigations when police kill unarmed civilians but prohibits them from giving immunity to any witnesses. There is confusion; New York's 62 D.A.'s are trying to get their legal bearings.
In a three-page letter to Schneiderman, Broome County District Attorney Gerald Mollen — president of the state District Attorneys Association — asked the A.G. if his move to grant local prosecutors basic investigatory powers in the hours after a police-involved death was legal. "We don't have a definitive answer as to what the right way to proceed is."
Albany County D.A. David Soares weighs in: "The attorney general has just decided to give us back what the governor through his executive order decided to take away from us. Therefore, we are all, in terms of the district attorneys, we're not so much concerned about our loss of authority so much as, as we sit here now, we do not understand how we are to proceed in the event that there is police and civilian encounters."
Citizen Action of New York Communications Director Charlie Albanetti praises Cuomo's executive order and thinks the A.G. is on the right path. "All of the district attorneys across the state should be working to make sure that this independent look at activity is taken seriously. We all need to work together to make sure that our communities are given the opportunity to have justice in cases like this, and we hope that elected officials locally can be supportive of that process."
There is a notable police-civilian encounter Soares' office is involved in: an investigation into the taser-related death of Albany man Donald Ivy. "I'm operating under the assumption that our office maintains jurisdiction, however, for purposes of clarification, and also our obligation to the family, the Ivy family, as well as our constituents, I'm going to be asking for clarification on that matter as well. But as of last Wednesday, what has transpired in the State of New York, which was an incredible act if you ask me, to take from district attorneys, the authority that they have enjoyed constitutionally since 1796, and to then, do it in the name of creating greater transparency and to alleviate any concern, to then have the A.G. give us back the authority we had prior to last Wednesday is just really confusing and we need some clarification."
Soares hopes that clarification will come next week when Mollen could get some solid answers from Schneiderman's office. "The Executive Order states that the reason for replacing the D.A.'s is that there's appearance that they are too close to the police and essentially can't be - or I should say - aren't trusted by the community to discuss these investigations fairly and properly. If you take this step to entirely remove the authority of all the prosecutors across the state, we question whether the attorney general can then turn around under his authority and hand those responsibilities right back to the people who were just replaced."
Schneiderman's camp responded to a request for comment by email, sending a letter the A.G. wrote Mollen back, stating in part that "if a district attorney fails to take appropriate actions in the hours following an incident, it will not be because of any legal prohibition but because of a choice by the D.A. NOT to take appropriate actions." Schneiderman also looks forward to meeting with Mollen, although no date was mentioned.
Have a look at the letter:
Reverend Al Sharpton released his own statement (click here to read it) in response to attacks on Governor Andrew Cuomo’s Executive Order.
