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Q&A
Discussion on discovery law reform and its impact on case dismissals
1:26:14
·
165 sec
Council Member Cabán questions NYPD officials about the 2019 discovery reform law and its impact on case dismissals, particularly in New York City compared to the rest of the state.
- Cabán highlights that case dismissals have only increased in NYC, not in the rest of the state
- She suggests NYPD's resistance to turning over evidence might be the cause
- NYPD officials argue for 'tweaks' to the law rather than undoing it completely
- Discussion on what constitutes 'relevant evidence' and its interpretation
Tiffany Cabán
1:26:14
I wanna start on just some of the pieces around, discovery law.
1:26:19
So you talked a few times in your testimony and answers about making changes to or undoing the legislation that was passed in 2019, the discovery reform.
1:26:27
We know that that that that's the Kalief Brower Law.
1:26:31
Right?
1:26:32
It was strengthening requirements for law enforcement to share evidence in criminal cases, which was already required in most in most states, by the way.
1:26:38
Like, we were behind Texas on this.
1:26:40
Plenty of states do this, and they do it just fine.
1:26:43
And this law that passed at the state level obviously applies to the entire state.
1:26:48
And the data is showing that case dismissals have only increased in New York City, not in the rest of the state.
1:26:55
And as a result, both state legislatures and law professors have pointed out that NYPD's resistance to turning over evidence to prosecutors is more likely the cause for increased rates of case dismissals.
1:27:07
So just to make it clear, throughout the state, the data shows that New York City is the only place where these dismissal percentages are increasing, and they're all subject to this discovery reform that exists in most states.
1:27:20
So given these realities, why do you believe we should undo an important civil rights protection rather than hold the NYPD accountable for sharing evidence with prosecutors?
Michael Gerber
1:27:32
So no one's suggesting, and we're certainly not suggesting, that that the core, at bottom, the reform should be undone.
1:27:38
We're talking about, frankly, tweaks to the law.
1:27:41
And if you look at our proposal, the proposal we have with with the DAs and with the governor, right, it requires all relevant evidence.
1:27:48
All relevant evidence.
Tiffany Cabán
1:27:50
Okay.
1:27:50
So
Michael Gerber
1:27:50
I'm to turn relevant evidence to be turned over.
Tiffany Cabán
1:27:54
And what is relevant evidence Hold on.
1:27:55
Considered by no.
1:27:57
Let me finish.
1:27:58
What is considered relevant evidence by the prosecution versus the defense versus the judge can be different.
1:28:05
And so a defense, not knowing what the defense's argument is going to be, could deem a piece of information relevant when the prosecutor or the police do not.
1:28:14
And that's not so that's not my question, but, also, that's an important point to make.
1:28:18
And it's the subject of lots of Brady violations based on the ways that the prosecution or the NYPD interprets or examines any piece of information that they deem relevant or irrelevant evidence, to be clear.
1:28:32
But my question is, why the disparity in across New York State, every single police department, and DA's office is subject to this law, but only in New York City is the dismissal rate going up.
1:28:46
And so we have, law professors and state legislators saying that it's it it amounts to the NYPD's resistance to turning that over.
1:28:56
So I here's my second question.