📰 NEW YORK POST

DA’s make case for discovery reform in Albany as lefties entrench “for the long haul”

Two city district attorneys took their case for discovery law reform to Albany Monday — calling it a common sense way to protect victims — as left-wing lawmakers dug in their heels in opposition.

The push from Manhattan DA Alvin Bragg and Bronx DA Darcel Clark came as Gov. Kathy Hochul and the state Legislature continue to butt heads over her proposal to loosen the mandates governing what criminal evidence needs to be turned over at trial.

“The proposal is about justice and compliance,” Clark told reporters of the tweaks offered up by Hochul.

DA’s Darcel Clark and Alvin Bragg schlepped to Albany Monday to push for changes to New York’s discovery laws, one of Gov. Kathy Hochul’s key budget priorities. Vaughn Golden/NY Post

“It’s not about competitive advantage. We are trying to level the playing field for victims,” she said.

The issue is one of the key remaining sticking points holding up the state budget, which was due on April 1.

Hochul’s crusade to change the discovery laws has the backing of all five city DAs, who argue the requirements have caused a spike in criminal cases getting dismissed over technicalities, allowing domestic abusers and other offenders to walk free.

Bragg and Clark — who also privately met with State Senate Majority Leader Andrea Stewart Cousins (D-Westchester) and Assembly Speaker Carl Heastie (D-Bronx) — spoke to reporters shortly before the Black, Puerto Rican, Hispanic and Asian legislative caucus rallied in opposition to the changes.

“We reject these rollbacks. Finalize a budget that defends what’s right,” Assembly member Yudelka Tapia (D-Bronx) said.

Over a dozen lawmakers from the 80-member caucus called on their colleagues to refuse to tweak the discovery law, signed by Hochul’s predecessor, ex-Gov. Andrew Cuomo, in 2019. The legislation was dubbed Kalief’s Law, after Kalief Browder, who killed himself after awaiting trial on Rikers Island for three years.

“Keep Kalief’s law strong. Keep New York moving forward. Guys, this is our fight to fight and we can win it,” Tapia said.

Several of the left-leaning lawmakers said they were willing to try to delay the budget talks even further over the issue.

Gov. Kathy Hochul has said she’s willing to hold up budget talks as long as she needs setting up a potential standoff with legislators. Andrew Schwartz / SplashNews.com

“I’m here for the long haul. My colleagues are here for the long haul,” Assemblyman Jordan Wright (D-Manhattan) said.

Hochul last week similarly expressed her unwillingness to back down, with her budget director Blake Washington telling reporters “We’ll take as long as it takes to deliver.”

One of the sticking points in the negotiations over Hochul’s plan is how closely to tie evidence-sharing requirements with speedy trial statutes.

DAs want judges to be able to apply other sanctions, short of dismissing a criminal case outright, if prosecutors don’t turn over all required materials to the defense by the deadline.

For instance, Bragg suggested judges could opt not to allow said evidence to be included at trial, rather than throwing out the charges entirely over a technicality.

“Everyone is committed to early robust discovery and no one, certainly I, do not want to go back,” Bragg said.

Legislative leaders reject Hochul’s proposal for change the discovery laws, but say something needs to be done to prevent a wave of case dismissals on technicalities. Hans Pennink

But lawmakers like Romero claimed this would be “detrimental to the criminal legal process,” and that the threat of case dismissals is the only mechanism to ensure prosecutors turn over evidence in a timely manner.

Lawmakers are anticipating talks over Hochul’s proposed $252 billion budget will spill over into a planned two-week legislative recess scheduled to begin next week. Pols don’t get paid until the budget is finalized.

While the Legislature has rejected Hochul’s discovery changes as written, both Heastie and Stewart-Cousins have claimed they’re committed to addressing the deluge of dismissals sparked by the law.

The DAs have also shown some flexibility.

“Everything is still on the table in my opinion. I’m going to come to a compromise,” Clark told reporters Monday.

The New York State Bar Association is the latest in a number of groups to endorse Hochul’s proposed changes.

If Hochul’s proposal gets passed, “Criminal trials will no longer center around endless searches for irrelevant materials in the hope of gaming a speedy trial dismissal,” Bar Association President Domenick Napoletano wrote in a letter obtained by The Post.

“The criminal justice system will benefit victims, and the public will obtain fair justice; and defendants will still have all the tools and materials they need to obtain a fair trial. There is every commonsense reason to support these reforms,” Napoletano wrote.

— Additional reporting by Carl Campanile


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