A state appeals court will accelerate review of a trial judge’s decision not to unseal grand jury records in the case of Eric Garner.
Briefs by the New York City Public Advocate, The Legal Aid Society of New York, the New York Civil Liberties Union, the Staten Island branch of the NAACP and The New York Post will be due May 5, the Appellate Division, Second Department, said in an order released Monday.
The reply brief from the Staten Island District Attorney will be due by May 26, with any responses due June 5.
“Very pleased our motion was granted,” tweeted Public Advocate Letitia James. “The public has the right to know what happened behind closed doors.”
On April 14, James filed papers seeking expedited appeal of a decision by Judge William E. Garnett, who ruled last month that the parties who sought release of grand jury minutes in the Garner case had failed to establish a sufficient need for the disclosure.
Eric Garner died on July 17 following a confrontation with police officers. Video of the confrontation, which included an officer placing Garner in a chokehold, circulated widely and led to protests calling on the district attorney to open the grand jury records.
By law, grand juries in New York State operate in secret, in part to protect witnesses and jurors. “In addition, those who were not charged by the grand jury have a reputational stake in not having their conduct reviewed again after the grand jury had already exonerated them,” Garnett wrote in an order released March 19.
According to Garnett, one who seeks release of grand jury minutes must show a compelling need for the material and explain the purpose for which that person seeks access to the minutes.