Until this week New York had the most restrictive policy of any state, sealing off all police records
COMPARE THE fate of two cops, Derek Chauvin and Daniel Pantaleo. Both asphyxiated unarmed black men. Both killings—of George Floyd last month and Eric Garner in 2014, respectively—were caught on video and ignited bitter protests. Both officers’ conduct had been the subject of more than a dozen previous complaints. But there the similarities end. Mr Chauvin, promptly sacked, faces murder charges in a Minnesota jail.
The two cases illustrate the very different ways that states handle transparency in policing. Minnesota and 11 others make misconduct records publicly available. Many other states release them in limited circumstances, for instance if allegations are substantiated or incur punishment. Until this week New York had the most restrictive policy of any, sealing off all records. On June 9th, the state legislature loosened its policy—part of a package of police reforms prompted by recent protests.
Prosecutors are meant to disclose evidence that helps defendants, not least about wayward cops. Often they fail to do so; sometimes they themselves are stymied in getting hold of it. The Manhattan District Attorney’s Office warned in 2018 that such limitations “frustrate our ability” to abandon weak cases and exonerate the innocent. According to the, officers from the New York Police Department can be shown to have lied while testifying at least 25 times between 2015 and 2018.
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