Manhattan District Attorney Urges Amendment to Criminal Evidence Disclosure Law after Domestic Violence Case Dismissed Due to Technical Issues

New York State reformed the Criminal Evidence Disclosure Act in 2019, requiring prosecutors to provide all relevant evidence to the defense within strict deadlines to ensure fair trials for defendants, or else cases could be dismissed. However, in a recent severe domestic violence case in Manhattan, the failure of the prosecution to timely submit unrelated police disciplinary records led to the court dismissing the case based on that law.

According to law enforcement sources, a man was accused of physically assaulting and forcibly stripping his girlfriend in front of several friends, and had a history of abusing her. The man was arrested by the police last August and faced charges of assault, aggravated harassment, and sexual abuse. Following the requirements of the Discovery Law, the prosecution provided over 70 pieces of relevant evidence to the defense, including police body camera footage, witness voicemails, and other materials.

However, due to a delayed submission of a police internal disciplinary record unrelated to the case, the court ultimately ruled for the case to be dismissed; under New York’s Criminal Evidence Disclosure Act, prosecutors must submit all evidence within 20 to 35 days after the case is arraigned, and any late materials may serve as grounds for dismissal.

Manhattan District Attorney Alvin Bragg expressed regret over the dismissal of the domestic violence case, stating that the current Criminal Evidence Disclosure Act is weakening protections for victims. He indicated that this case is just one example of a broader issue where the current laws prevent domestic violence victims from receiving proper justice and protection, further increasing their risks.

Bragg, along with district attorneys from the five boroughs of New York City, released a joint statement on February 10, highlighting that since 2020, there has been a 51% increase in misdemeanor cases being dismissed, and a 57% increase in felony cases being dismissed in New York City, with thousands of cases being dismissed for minor technical reasons, eroding public trust in the justice system and jeopardizing public safety.

“We urge the state legislature to pass Governor Hochu’s proposed amendments to ensure that New York maintains the most open and transparent evidence disclosure law in the country while also ensuring fair operation of the justice system for all. Victims, communities, and defendants deserve this kind of fair treatment,” the joint statement mentioned.

The proposed amendments by the governor suggest that if prosecutors have provided evidence “truthfully and diligently,” but additional supplementary materials arise later, the case should not be automatically dismissed. Additionally, the proposal aims to shorten the deadline for defense attorneys to challenge the compliance of evidence submitted, and narrow the scope of evidence that prosecutors need to provide, adjusting the standard from “all relevant materials” to “materials directly related to the case.”

Support organizations for survivors of domestic and sexual violence have voiced support for Governor Hochu’s proposal, including the National Organization for Women’s New York chapter and 15 other groups jointly urging the state legislature to pass the reforms.

Currently, the state legislature has not reached a consensus on Hochu’s proposal and has removed related amendment content in the latest budget proposal.

Hochu has previously successfully pushed for partial revisions to the cashless bail law, so there is a possibility of achieving some adjustments through budget negotiations in the future. ◇