Eric Garner case review hearing begins after series of delays
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A hearing to settle discovery disputes ahead of the judicial inquiry into the death of Eric Garner moved forward Wednesday. AP file photo by Craig Ruttle
By Rachel Vick
Counsel for the family of Eric Garner and New York City met virtually in front of Supreme Court Justice Erika Edwards Wednesday to mediate a disagreement on what materials need to be turned over ahead of a Judicial Hearing scheduled for later this summer.
Each side claimed they were in the right, with the petitioners claiming their requests were being met with resistance and the city’s representation maintaining that there is nothing left for them to disclose under discovery rules, and that their opponents request was overly broad.
“We told them in writing what was left [after the FOIL],” said Carr counsel Gideon Olivier. “Because we don't have answers we can't discontinue certain avenues of discovery. They're not willing to give us that basic information.”
“We’re locked in a cycle I think we need assistance from the court to get out of,” he added.
“They refuse to disclose what's missing,” said Stephen Kitzinger, senior counsel at the New York City Law Department.
The case, Gwen Carr et al. v. Bill de Blasio et al., is a City Charter sanctioned review of the transparency of the investigation into the 2014 death of Garner.
Kitzinger said that requesting testimony from high ranking officials like Mayor Bill de Blasio and former NYPD Commissioner James O’Neill was not only unnecessary but that the petitioners goal was to “dragoon high level city officials and plant them on the witness chair so they have an opportunity to question them about all sorts of matters.”
“We don’t understand where they’re coming from,” Kitzinger said.
Diane Lucas, Counsel For Racial Justice Initiatives at Davis Polk & Wardwell LLP representing Carr et al., said that high ranking testimony was a crucial element, and requested that the court consider subpoenas or compelling their presence.
“This is about transparency under section 1109 and finally getting answers about violation of official duties, about misconduct in relation to the stop arrest and killing of Mr. Garner... after almost seven years of the petitioners looking for answers,” Lucas said.
Edwards said she needed more time to look over the paperwork and, though she said she was inclined to agree with the city’s argument that forcing the high ranking officials to testify was beyond the scope of review, gave Carr’s team until July 8 to submit their reasoning for needing them on the stand.
The hearing came amid a pending appeal from city officials after New York State Appellate Division, First Department ruled the inquiry could continue.
