PRLog - Aug. 14, 2014 - The standard to bring a case before a Grand Jury in New York is minimal. The DA simply decides to present the case believing that he has enough evidence for an indictment. In the vast majority of cases, the Grand Jury indicts the defendant. One simple fact is that the defendant does not get to see the evidence against him in the Grand Jury until after indictment. The case of Eric Garner is a simple enough case. "I can't imagine the DA of Staten Island or the Federal Prosecutors do not at least bringing this case before a Grand Jury," Mr. Discioarro said.
"At the very least a Grand Jury gives the police political cover if they do not indict. It is just passing the buck to the Grand Jury who is not accountable to anyone," he said.
He went on to say that an explosive case like Eric Garner shines a spotlight on the entire system and puts careers at risk. Prosecutors are stuck between the police they rely on everyday and a public who is demanding action. In a case like this, the video does not allow the death of Garner to be swept under the rug. "There are not many cases like this where you have such a powerful video. It reminds me of the Rodney King case. The federal prosecutors could not ignore that one," he said.
This case also brings into the equation, civil rights leader Al Sharpton, who is much more polished now and has the ear of the Mayor and even the president. "At the end of the day, I believe these officers will face a jury trial," Mr. Discioarro said.