Protesters At SCOTUS Over Garner Grand Jury Records

Concerned citizens demonstrate over the Eric Garner special grand jury records in front of Supreme Court in St. George on Monday morning, Jan. 5, 2015. (Staten Island Advance/Jan Somma-Hammel)

STATEN ISLAND, N.Y. — A group of protesters have gathered outside state Supreme Court in St. George, where oral arguments are scheduled Thursday on petitions to release the Eric Garner grand jury records.

The protesters — about two dozen in number as of 9:30 — are chanting “I can’t breathe,” and holding signs calling for the record to be made public.

“Release the records,” one man’s sign reads, with the hashtag #blacklivesmatter.

The proceeding is scheduled for 10 a.m.

The New York Civil Liberties Union, the Legal Aid Society, Public Advocate Letitia James, the New York Post, and the Staten Island branch and the state conference of the National Association for the Advancement of Colored People have asked the court to release more information about the case, including the grand jury transcripts, evidence presented, and instructions given to the grand jury.

Releasing the record is crucial to restore the public’s shaken confidence in the justice system, argues the NYCLU.

The NAACP also seeks to disqualify state Supreme Court Justice William E. Garnett from ruling on the public disclosure petitions and requested that the case be handled by a justice in one of the other four boroughs.

District Attorney Daniel Donovan opposes the petitions.

He contends that releasing the grand jury record, including transcripts, could potentially subject witnesses in the case to retaliation and would negatively impact witness cooperation in future grand jury proceedings.

The District Attorneys Association of the State of New York supports his position.

Two months ago, a Staten Island grand jury declined to indict Officer Daniel Pantaleo in connection with Garner’s death on July 17 in Tompkinsville. Pantaleo can be seen on video putting his arm around Garner’s neck from behind and taking him to the ground in an attempt to arrest him for allegedly selling untaxed cigarettes.