DA @DaveHoovler's statement is extraordinary from a #DistrictAttorney:
"Why would anyone say something in this new world of discovery? You would be putting yourself and your family at risk." /1
I expressed similar concerns last year, while the budget bill that this discovery package was tucked into was being pushed through. /2
google.com/amp/s/www.nyda…
"This proposal would upset our carefully crafted rules of grand jury secrecy and our concern for witnesses by allowing defendants to find out — almost immediately — who testified against them." /3
"[U]nder the new bill, prosecutors will be able to keep their promise to the frightened witness for just a couple of weeks, before their name, contact information and transcript will have to be provided." /4
"Although the bill allows requests for protective orders, there’s no guarantee that they will be granted. Indeed, the requirements for 'good cause' under that rule make apparent that these orders would be the exception rather than the norm." /5
"Common sense tells us that many people, especially those whose children have been victimized, would not cooperate under these circumstances. /6
"regime will also require massive resources. The sponsors fancifully tout lack of direct costs to the state,’ but ignore the massive cost to counties, through the prosecutors’ offices they fund. Bc bill requires discovery b/4 guilty pleas, every case will require discovery." /7
OK, NY: let's come up with needed discovery reform that is fair to defendants *and* the state, and respects the state's interest in keeping the public at large safe. /end
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