This Stops Today by Gwen Carr & Dave Smitherman

This Stops Today by Gwen Carr & Dave Smitherman

Author:Gwen Carr & Dave Smitherman
Language: eng
Format: epub
ISBN: 9781538109816
Publisher: Rowman & Littlefield Publishers
Published: 2018-07-22T16:00:00+00:00


I can tell you that was an amazing feeling. I’m not saying that I was the one responsible for it, but I did work hard to make something happen, so it was exciting and rewarding to see that something was finally going to be done. Of course, I knew it wasn’t a perfect solution and it wouldn’t solve all the problems, but it was a start, and it was more than we had the day before.

Lots of folks had been involved, and many spoke out in support of the action. People from the National Action Network and the NAACP spoke out about it, including Attorney General Eric Schneiderman, Congressman Hakeem Jeffries, several senators, and even Russell Simmons.

Specifically, the executive order says:

EXECUTIVE ORDER

A SPECIAL PROSECUTOR TO INVESTIGATE AND PROSECUTE MATTERS RELATING TO THE DEATHS OF CIVILIANS CAUSED BY LAW ENFORCEMENT OFFICERS.

WHEREAS, the Constitution of the State of New York obliges the Governor to take care that the laws of New York are faithfully executed; and

WHEREAS, I have solemnly sworn, pursuant to Article 13, Section 1 of the Constitution, to support the Constitution and faithfully discharge the duties of the office of Governor; and

WHEREAS, there have been recent incidents involving the deaths of unarmed civilians that have challenged the public’s confidence and trust in our system of criminal justice; and

WHEREAS, public concerns have been raised that such incidents cannot be prosecuted at the local level without conflict or bias, or the public perception of conflict or bias; and

WHEREAS, it is necessary to ensure that a full, reasoned, and independent investigation and prosecution of any such incident is conducted without conflict or bias, or the perception of conflict or bias; and

WHEREAS, the foregoing compels me to conclude that my constitutional obligations provide that in cases where an issue of a real or perceived conflict of interest exists, and to ensure full confidence in our system of criminal justice, a special prosecutor should be appointed with respect to such incidents. Such appointment of a special prosecutor will supersede in all ways the authority and jurisdiction of a county district attorney to manage, interpret, prosecute or inquire about such incidents; and

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and particularly by subdivision 2 of section 63 of the Executive Law, hereby require the Attorney General (hereinafter, the “special prosecutor”) to investigate, and if warranted, prosecute certain matters involving the death of an unarmed civilian, whether in custody or not, caused by a law enforcement officer, as listed in subdivision 34 of section 1.20 of the Criminal Procedure Law. The special prosecutor may also investigate and prosecute in such instances where, in his opinion, there is a significant question as to whether the civilian was armed and dangerous at the time of his or her death;

FURTHER, for any matter covered herein, the special prosecutor shall have the powers and duties specified in



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