Onondaga County’s top public prosecutor isn’t entirely on board with some proposals to make the grand jury process more transparent.
New York's chief judge has proposed that records of now secret grand jury proceedings be released when nobody is charged. He’s also called for direct judicial oversight when police are investigated for killings or felony assaults.
Onondaga County District Attorney Bill Fitzpatrick says he and his peers have advocated for prosecutors to be able to openly explain their decisions to the public. The current practice of keeping grand jury proceedings under lock and key unless a court order releases them should be "altered," Fitzpatrick said.
But as for judicial oversight, Fitzpatrick says the system isn’t broken.
"The only thing I see is a system where people don’t like the outcome in particular cases and therefore they want to revamp the entire system, which isn’t necessarily going to lead to different results," Fitzpatrick said. "So if it ain’t broke, don’t fix it."
Grand juries are already functions of the courts, Fitzpatrick said. He says to have a judge present would "complicate" the proceedings.
New York Chief Judge Jonathan Lippman's legislative proposals follow protests last year after a grand jury declined to indict a police officer seen on video choking an unarmed Staten Island man who died.
Lippman says the immediate concern is the perception that prosecutors, who work closely with police, can't objectively bring cases against them in secret grand jury proceedings. His legislation would have a judge preside inside the grand jury room in police cases.
Lippman would also open records in cases where there's no indictment and where it would advance "a significant public interest" and the person investigated is already known or consents.
Grand juries are used to determine if a prosecutor has enough evidence to bring charges against an alleged criminal.
The Associated Press contributed reporting to this story.
