The state legislature is considering changing how prosecutors share evidence with defense lawyers in criminal cases due to concerns raised by district attorneys about the impact of reforms passed in 2019 leading to more case dismissals.
State Sen. Zellnor Myrie (D-Brooklyn) and Assemblyman Micha Lasher (D-Manhattan) are introducing bills that would allow defense lawyers to directly access certain law enforcement systems to obtain information such as police reports during the discovery process, bypassing the need to go through prosecutors.
This change aims to streamline the process, reduce administrative burdens on law enforcement, and protect defendants’ due process rights, as highlighted by Myrie, a candidate for New York City mayor.
The revised discovery process, implemented alongside controversial bail-law changes in 2019, requires prosecutors to provide evidence to defense lawyers within specific timeframes. However, a significant number of cases have been dismissed due to non-compliance with these rules, prompting the need for further adjustments.
Gov. Kathy Hochul and District Attorneys are working towards enhancing the discovery process to ensure cases are not dismissed on procedural grounds, while maintaining the intent of fair disclosure.
While there is a call for changes to the current laws, proposals like those put forth by Myrie and Lasher are being cautiously welcomed by criminal justice reform groups like the Legal Aid Society, who emphasize the importance of maintaining the progress made by the 2019 reforms.
The issue of discovery reform is gaining attention in the legislature, with various stakeholders looking to strike a balance between efficient prosecution and upholding defendants’ rights.
