NYC Councilman Keith Powers pushes bill to fix discovery law loophole after state’s ‘half-measure’ on evidence sharing

A council member in the city is aiming to close a loophole in discovery laws that is causing unnecessary dismissals of criminal cases. Councilman Keith Powers is advocating for a new law that would establish a centralized database of NYPD evidence that can be accessed by both prosecutors and defense attorneys. This initiative is intended to assist officials in meeting the challenging evidence-sharing requirements imposed by the state’s criminal justice reforms in 2019.

Powers, who is also a candidate for Manhattan borough president, highlighted that this proposed law would complement the adjustments made to the state discovery laws in Governor Kathy Hochul’s recent budget, which was passed in response to significant criticism of the reforms from both sides of the political spectrum.

Powers expressed his belief that this new legislation is a crucial component that Albany overlooked in the budget negotiations. He emphasized that the current discovery laws in New York State have faced strong criticism due to strict deadlines for sharing evidence in criminal cases, leading to dismissals and criminals being released on technicalities.

The bill proposed by Powers has quickly gained support from other lawmakers. He stated that the legislation aims to streamline processes, enabling district attorneys to fulfill their duties and comply more easily with state discovery laws. Despite a similar bill being introduced by State Senator Zellnor Myrie in Albany, it did not gain much traction during the budget discussions.

While Police Commissioner Jessica Tisch previously expressed doubts about the effectiveness of a centralized database, Powers believes that such reforms are necessary to modernize the evidence-sharing procedures in the city. He stressed that ensuring safety and providing prosecutors with the necessary tools to bring criminals to justice remain top priorities. The legislation has gained additional support from three more council members since its introduction.