Suffolk County District Attorney Ray Tierney says Governor Kathy Hochul’s “watered-down” discovery law changes fall short of meaningful reform.
Tierney said, “As a career prosecutor, and the District Attorney of the fourth largest of New York’s 62 counties, I waited with great anticipation for the Governor’s proposed changes to our discovery laws, which were billed as being enacted to roll back some of the damage done to New York‘s criminal justice system by the 2019 Criminal Justice “Reform.”
At the beginning of the budget process, Hochul asked for changes in discovery rules for domestic violence cases in New York State. Current discovery law results in delays and automatic dismissals that adversely affect survivors of domestic violence. Hochul’s office said that following enactment of ‘Discovery Reform’ there has been a 94.3% increase in dismissal of cases involving domestic violence in New York City and 49.1% in the rest of the state.
At the time Hochul said, “Combating domestic violence is personal to me — and for the entirety of my career in public service, I’ve prioritized policies that protect survivors and improve law enforcement response to these crimes,” Governor Hochul said. “While crime is going down across New York, crimes related to domestic violence remain stagnant. To address this issue and ensure the safety of all New Yorkers, we need to continue funding the programs that protect victims and survivors, and streamline discovery laws to hold individuals who cause harm accountable for their actions.”
Hochul pushed for essential changes to the state’s discovery process that will ensure their abusers are held accountable to the fullest extent of the law but the legislature was not cooperative and stood by their pro-criminal principles.
Albany Democrats have been on the road of more and more pro-criminal laws over the last years whether it is Bail Reform or the Discovery Reform.
New York State Conservative Party Chairman Kassar said, “The watered down Discovery Laws were another reason to vote no on the budget. The liberals dug NYS into a criminal justice hole several years ago. Trying to dig out incrementally still leaves you in a hole. Everyday that we fail too implement common sense discovery laws is another day District Attorneys and Law Enforcement are held at a disadvantage.”
Chairman of the New York State Republican Party Ed Cox said, “Under Governor Hochul’s leadership, New York’s criminal justice system will continue to falter. These minimal reforms fail to address the systemic issues plaguing our justice system, leaving victims without closure and communities without safety. It’s time for real change that prioritizes justice and public safety over political appeasement.”
Tierney concluded saying, “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. 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. Worse still, these minor modifications will serve as an excuse for lawmakers to walk away thinking the problem has been solved.”