Inquiry into Garner killing to continue virtually
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Eric Garner’s mother, Gwen Carr argued that after seven years of fighting for justice, she would be willing to wait a little longer. Eagle file photo by Victoria Merlino
By Rachel Vick
Citing high public interest and a large number of witnesses, petitioners and counselors, Justice Erika Edwards denied the petitioners’ request to adjourn virtual proceedings in the judicial inquiry into the killing of Eric Garner in favor of in-person appearances.
Edwards explained that while the decision was not an easy one, she felt it was in the best interest of safety and transparency.
A heartfelt plea from Gwen Carr, who has waited for nearly a decade in the hopes of new insight into what she and other petitioners feel was an inadequate response, followed the judge’s decision.
“We’ve been in this fight so long,” Carr said. “Everything I tried to do was obstructed by the NYPD; they tried to delay it, they tried to avoid it, they tried to sweep it under the rug and I just wasn't going to let that happen.”
“It’s been delayed over the years and I was just asking, maybe it could be adjourned a little further because livestream is just not going to be so personal,” Carr added, expressing frustration at the witnesses’ ability to simply roll out of bed and sign on rather than face the formality and presence of a courtroom.
“They’re sitting in the comfort of their own homes,” she said.
Edwards acknowledged that Carr deserved to have the witnesses look her in the eye, but assured her that the trial would still be authentic and honest, despite the current circumstances facing the court.
“I have the utmost respect for you, the work you’ve done and I can't even begin to imagine what you've been going through,'' Edwards said. “I don’t know how to express to everybody how important this is for me as well, as a judge, to bring the transparency that’s required from this; however I have to balance a lot of things and I hope you can appreciate [that].”
The ceremonial courtroom at 60 Center Street, which was the most likely to support the large number of people expected to attend, is currently being used for jury selection in a different case. Edwards said she tried to look into as many viable alternatives as possible — including her own courtroom, which is not currently outfitted with plexiglass dividers.
“This is a real court proceeding and I hope you can appreciate that this is what we do,” she added. “These are the times that were in and we get the work done. We will do the best we can to get it done and I have no doubts.”
Tuesday's conference was the last in a series before the official proceedings, which are scheduled to begin Oct. 25 and will include witnesses from the New York Police Department who played a role in the police killing of Garner and the investigation that followed.
The road to the official inquiry, where Carr and the other petitioners hope to uncover details into the aftermath of her son’s death and spur accountability for officers other than Daniel Pantaleo, was not smooth.
In June, after six months and two attempts to appeal by the City Law Department to stay the inquiry, the court gave a final approval for the inquiry to proceed.
Petitioners then continued to go back and forth during conferences with the city’s representation to try and get Mayor Bill de Blasio and Commissioner Dermot Shea to take the stand. Stephen Kitzinger, who is representing the City, characterized the requests as an attempt at “spectacle,” rather than discovery.
The final witness list plans for at least two testimonies for each day of the hearing and includes NYPD officers, sergeants and Deputy Commissioner of Internal Affairs Joseph Reznick.
