By Thomas Montana
Changes made to New York’s discovery laws go into effect on August 7. These amendments, Governor Kathy Hochul said, will continue to guarantee defendants due process while protecting the victims during the case. But while most district attorneys expressed support of these changes, the Suffolk and Nassau County DAs are skeptical these changes will be effective.
Suffolk County DA Ray Tierney says these changes are “watered down” and “do very little” to help prosecutors achieve justice.
“Unfortunately, the rhetoric coming out of Albany does not match the reality, as the watered-down changes in this budget will do very little to assist my prosecutors in our daily practice,” said Tierney.
Nassau County District Attorney Anne Donnelly agreed. “These long-overdue changes to discovery laws are a step in the right direction for public safety and common sense, but they continue to fall short in delivering what prosecutors need to ensure justice,” she said.
During the August 6 press conference, Hochul listed some of the changes to the discovery laws. Among them, courts are required to consider the prosecutor’s efforts as a whole and whether any missing material prejudiced the defense, preventing cases from being thrown out over insignificant mistakes.
Additionally, fewer items will have to be disclosed and the need to seek certain materials that are irrelevant to the charges against the defendant will be eliminated. Prosecutors are allowed to move the case forward after attempting to obtain discoverable material, while defense attorneys would bring challenges early in the case and confer with prosecutors and protections for sensitive witness information will be streamlined.
“The safety of New Yorkers is my number one priority and this week, reforms that will make our public safety laws stronger go into effect — changes that enable us to better support survivors and close the revolving door of our court system,” said Hochul. “Our discovery laws — some of the strongest for defendants in the country — ensure that our justice system works for both victims and public safety officers, rebalancing the scales of justice in New York.”
Rensselaer County District Attorney and District Attorneys Association of the State of New York President Mary Pat Donnelly called these amendments “commonsense,” adding these changes will “help minimize technical dismissals and ensure that victims of crime receive the justice they deserve,” and “make our communities safer while also protecting the rights of those accused of crimes.”
“We know that many crimes, especially sexual and domestic violence, go unreported,” said New York State Office of Victim Services Director Bea Hanson. “But when victims and survivors choose to report what happened to police, they deserve their case to be handled thoroughly and fairly. The rights of victims and individuals accused of crimes are not mutually exclusive.”
“These changes give us the tools to better protect victims, hold offenders accountable, and keep cases moving without unnecessary delays,” said New York State Police Superintendent Steven G. James. “They strengthen public safety while ensuring fairness for everyone in our justice system.”
But Tierney said nothing will change once these changes take place. “The changes will not alleviate the tremendous burden placed upon prosecutors and crime victims by the discovery statutes, and justice will continue to be adjudicated on clerical technicalities rather than legal merits.”
“Prosecutors have been operating in a framework that has allowed for cases to be dismissed on technicalities instead of the facts, and these systemic flaws have created disadvantages for victims,” Donnelly added. “While the actions to change the laws have addressed some of the issues at hand, our justice system remains one that sadly still remains more focused on defendants than victims of crime.”