QUESTION
How Does the NYPD Navigate Discovery Requirements for Sharing Video Metadata?
1:01:31
·
3 min
Council Member Robert Holden asks about the NYPD's approach to meeting the complex requirements of discovery laws, specifically regarding the handling and sharing of video metadata. The department explains the implementation of technological advancements and resource dedication to comply with discovery laws, facilitating digital transfer to prosecuting agencies. The response highlights automated systems, ongoing dialogues with local prosecuting agencies, and internal policies ensuring the transfer of all discoverable materials, emphasizing efforts towards seamless transmission and successful prosecutions.
Robert Holden
1:01:31
But can you discuss how the department navigates complex requirements of discovery, particularly with hand handling or sharing video made metadata or to ensure transparency and accountability.
Andrew Botelho
1:01:46
Good morning.
1:01:48
Jarislaw, council members.
1:01:50
So over the course of the last However, many years, 4 or 5 years or so since criminal justice reform, that includes bail reform and discovery reform.
1:01:59
The department has dedicated, you know, a tremendous amount of resources to meet the burdens and the requirements of discovery laws pursuant to 245.
1:02:10
That's both technological advances in addition to dedication of resources to comply with discovery in order to have a viable or a successful prosecution.
1:02:21
So first and foremost, when we speak about technology, we've automated systems, and it's become a strictly digital transferring of discovery to our local prosecuting agencies.
1:02:32
Our 5 district attorney's offices, special narcotics, and the law department, family court division.
1:02:39
What I mean by that is everything is uploaded essentially to our systems and then transferred over to the relative prosecuting agency.
1:02:49
There's an ongoing dialogue between NYPD and the local prosecuting agencies.
1:02:55
With respect to this, we have met with the IT specialists to synchronize the systems so that they can receive it in a timely, effective, and neat manner.
1:03:05
Now This is primarily how it works.
1:03:10
Materials are memorialized, documented, preserved, and transferred.
1:03:15
Are there scenarios where local prosecutors have difficulty in obtaining certain discoverable materials that exist?
1:03:24
There are, and there are policies in place with respect to how to go about this.
1:03:28
Department wide policy is that the arresting officer is responsible for transfer of all discoverable materials.
1:03:35
There are scenarios where the arresting officer may be out, where the arresting officer may be on vacation, or the district attorney or the prosecuting agency may need that material in a more timely manner than the arresting officers able to provide.
1:03:49
There are city wide contacts provided to our local prosecutors within each command as an escalation method from the arresting officer And in addition to designated discovery liaisons within the precincts and commands, there are centralized discovery liaison units embedded in the local prosecuting offices that assist with proactively more complex cases in that involve discovery.
1:04:17
And then also any requests that the DAs have where they were unable to obtain that discovery in the earlier methods that I disclosed.
1:04:26
So in sum, there are resources dedicated, both whether it's a uniform member of the service or the technological advancements and the overall facelift of the infrastructure over the past.
1:04:40
However many years.
1:04:41
But again, that ongoing dialogue between the district attorney's offices and the police department will continue to further develop additional enhancements for a more seamless transmission of discovery.