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Tuesday, November 10, 2026Nov 10

Judge won’t release grand jury testimony in chokehold death

FILE - In this Thursday, Feb.  5, 2015, file photo, state Supreme Court Judge William Garnett prepares to hear arguments regarding the release of the Eric Garner grand jury records, in the Staten Island borough of New York. Garnett has refused to release secret testimony heard by a grand jury that declined to indict a police officer in the chokehold death of Garner, saying the parties who brought the suit didn't make a good enough argument for releasing the minutes. (AP Photo/The Advance, Jan Somma-Hammel, Pool, File)
FILE - In this Thursday, Feb. 5, 2015, file photo, state Supreme Court Judge William Garnett prepares to hear arguments regarding the release of the Eric Garner grand jury records, in the Staten Island borough of New York. Garnett has refused to release secret testimony heard by a grand jury that declined to indict a police officer in the chokehold death of Garner, saying the parties who brought the suit didn't make a good enough argument for releasing the minutes. (AP Photo/The Advance, Jan Somma-Hammel, Pool, File) FILE - In this Thursday, Feb. 5, 2015, file photo, state Supreme Court Judge William Garnett prepares to hear arguments regarding the release of the Eric Garner grand jury records, in the Staten Island borough of New York. Garnett has refused to release secret testimony heard by a grand jury that declined to indict a police officer in the chokehold death of Garner, saying the parties who brought the suit didn't make a good enough argument for releasing the minutes. (AP Photo/The Advance, Jan Somma-Hammel, Pool, File)

NEW YORK (AP) – Testimony heard by a grand jury that declined to indict a police officer in the chokehold death of Eric Garner will not be released, a judge said Thursday, arguing there wasn’t a good enough reason to make the secret information public.

The New York Civil Liberties and others had asked the court to order Staten Island District Attorney Daniel Donovan to release the grand jury transcript, including the testimony of the officer involved, Daniel Pantaleo, and dozens of witnesses, detailed descriptions of evidence and other documentation. A similar step was voluntarily taken by the prosecutor in Ferguson, Missouri, when a grand jury there refused to indict an officer in the fatal police shooting of 18-year-old Michael Brown.

Both Garner and Brown were black; the officers involved are white. The deaths sparked nationwide protests about the treatment of communities of color by law enforcement and a debate about the role of race in policing.

Civil liberties lawyers had argued that the public needed to reconcile the widely watched video of the arrest with the decision not to indict the officer involved.

But State Supreme Court Justice William Garnett wrote that the law required the NYCLU and the other parties who brought the lawsuit to establish a “compelling and particularized need” to release the grand jury minutes.