Eric Garner
Just days after a
NY Times investigation found that the officers who were on the scene where Staten Island man, Eric Garner, was choked to death by NYPD Officer Daniel Pantaleo never reported the choke hold in their incident reports,
a new appeal has been filed to have the grand jury records and transcripts surrounding his case released.
An appeals court is revisiting the issue of whether the grand jury record in the Eric Garner chokehold death case should stay sealed.
The three-judge panel is scheduled to hear arguments Tuesday morning in Brooklyn.
A judge on Staten Island had ruled in March that the records would remain under seal. The parties seeking the release of the minutes appealed. They include the New York Civil Liberties Union, Legal Aid Society and the Public Advocate's office.
Officer Daniel Pantaleo and other officers had stopped Garner last summer on suspicion of illegal cigarette sales. A video from an onlooker shows that in the course of taking Garner into custody, Pantaleo wrapped his arm around Garner's neck. Garner, who had asthma, was heard on the tape gasping, "I can't breathe." He lost consciousness and died.
Earlier in the year when a similar appeal was filed, the judge ruled that "a compelling and particular need" was required and had not been fully demonstrated. This alone is an outrageous statement. Eric Garner was choked to death. The autopsy
called his death a homicide. The entire incident from start to finish is on YouTube. Chokeholds by officers
are banned by the NYPD.
Hell, even President George W. Bush said he was completely stumped by the decision not to prosecute anyone in Eric Garner's death. The family of Eric Garner, the protest community, and the entire legal community deserve to be able to understand what was presented before this grand jury and how in the world they opted not to prosecute anyone in this egregious death.