Following the outrageous death of Eric Garner at the hands of a New York City police officer, New York Attorney General Eric Schniederman has requested that Governor Andrew Cuomo
issue an executive order:
Attorney General Eric T. Schneiderman today was joined by a broad coalition of elected officials in outlining an immediate first step toward restoring public trust and confidence in the fairness of reviews of cases involving unarmed civilians killed by law enforcement officers. In a letter sent to Governor Cuomo, Attorney General Schneiderman formally requested that the Governor immediately issue an interim executive order now directing the Office of the Attorney General to investigate and, if necessary, prosecute cases involving unarmed civilians killed by police officers.
He noted the "crisis of confidence" with law enforcement:
“The horrible events surrounding the death of Eric Garner have revealed a deep crisis of confidence in some of the fundamental elements of our criminal justice system,” said Attorney General Schneiderman. “Nothing could be more critical for both the public and the police officers who work tirelessly to keep our communities safe than acting immediately to restore trust and confidence in the independence of reviews in any case involving an unarmed civilian killed by a law enforcement officer. While several worthy legislative reforms have been proposed, the Governor has the power to act today to solve this problem. I strongly encourage him to take action now.”
A.G. Schneiderman noted the law had been used in the past and would put some distance between
prosecutors who have a cozy relationship with police:
“The case law in New York is such that even a district attorney who wanted to avoid the appearance of impropriety cannot do it,” he said. “The only thing that can happen now is that the governor can, in any case, appoint me and my office.”
Schneiderman’s authority would apply to cases after the executive order is signed and last until the state Legislature acts to permanently address the issue.
You can read the full letter to Gov. Cuomo
here.