LIVE IN YONKERS, TONY AIELLO,
CBS2 NEWS.
THANK YOU.
A STARTLING AND SOME SAY
WORRISOME CONSEQUENCE OF NEW
YORK'S CONTROVERSIAL CRIMINAL
JUSTICE REFORM, WHICH BECAME
LAW ON JANUARY 1st.
CBS2 HAS LEARNED THE MANHATTAN
DISTRICT ATTORNEY IS
CONSIDERING DROPPING SOME CASES
BECAUSE OF NEW EVIDENCE RULES.
HERE'S CBS2 POLITICAL REPORTER
MARCIA KRAMER.
Reporter: OVERWHELMED BY
PAPERWORK AND WHAT HE CALLS THE
UNSUSTAINABLE HOURS REQUIRED TO
COMPLY WITH A IN SO-CALLED
DISCOVERY RULES -- REFORM LAWS,
MANHATTAN DISTRICT ATTORNEY CY
VANCE IS CONSIDERING LETTING
GUYS OFF THE HOOK.
WE ARE EVALUATING WHETHER TO
DEFER OR EVEN DECLINE
PROSECUTION IN CERTAIN CLASSES
OF CASES, VANCE SAID IN A
JANUARY 24th E-MAIL TO THE
APPROXIMATELY 500 ASSISTANT
D.A.s WHO WORK FOR HIM.
THAT'S REAL PUBLIC SAFETY
CONCERN.
Reporter: SAYS VANCE IS
BEING CONSIDERED TO --
PROSECUTORS TO TURN OVER
EVIDENCE TO DEFENSE ATTORNEYS
WITHIN 15 DAYS OF AN ARREST.
WHENEVER YOU'VE GOT A
SITUATION WHERE A PROSECUTOR
FEELS LIKE THEY NEED TO START
DECLINING CASES, NOT BECAUSE
THEY DON'T HAVE ENOUGH
EVIDENCE, NOT BECAUSE THEY ARE
NOT CONVINCED OF GUILT BUT
SIMPLY BECAUSE THE BURDENS OF
DISCOVERY MAKE IT IMPOSSIBLE TO
GET THE WORK DONE, THAT'S GOING
TO IMPACT PUBLIC SAFETY.
Reporter: PROSECUTORS TELL
CBS2 IT'S NOT SIMPLY THE 15 DAY
RULE BUT THE NEW SPECIFICITY OF
WHAT HAS TO BE TURNED OVER, 21
SEPARATE CATEGORIES OF ANYTHING
DEEMED FAVORABLE TO THE
DEFENSE, ELECTRONIC RECORDINGS,
911 CALLS, WITNESS STATEMENTS.
EVERY TIME THAT YOU USE DNA
EVIDENCE YOU HAVE NOW GOT TO
TURN OVER THE QUALIFICATIONS OF
EVERY SINGLE LAB TECHNICIAN WHO
TOUCHES THAT DNA, EVEN THOUGH
MOST OF THEM ARE NEVER GOING TO
TESTIFY AT TRIAL.
Reporter: AND ALL WITHIN 15
DAYS.
THE FALLOUT, THE LONG HOURS AND
LATE NIGHT WORK INCLUDES AN
EXODUS OF EXPERIENCED
PROSECUTORS.
THE BROOKLYN D.A.'S OFFICE, FOR
EXAMPLE, HAS LOST 25 PEOPLE
SINCE THE LAW WENT INTO EFFECT
ON JANUARY 1st.
VANCE OFFERING $60 PER DIEM
PAYMENTS FOR PROSECUTORS WHO
WORK PAST 9:00 P.M.
OR ANY WEEKEND OR HOLIDAY TO
GET THE PAPERWORK DONE.
A SPOKESMAN FOR CARL HEASTIE
SAYS HE'S WILLING TO CONSIDER
GIVING THE D.A.s AND THE POLICE
DEPARTMENTS MORE MONEY TO GET
MORE HELP, BUT JUST WHEN THAT
WOULD HAPPEN REMAINS TO BE
SEEN.
