Chair Brooks-Powers asks for county-by-county discovery deadline breakdown
Brooks-Powers requests county-by-county data on discovery deadline adherence. Zayas discusses the onerous nature of discovery law, coordination challenges with NYPD, and agrees to provide the breakdown.
And can you provide a county-by-county breakdown on adherence to the discovery deadlines?
Are variations between counties, what do you think the root cause could be?
Like, is it a resource thing, or is it that they just have a higher concentration?
Yeah, I mean, I want to try to stay in my lane here in terms of my neutral role, but I think that's a very good question to ask them.
Thank you.
But I will say, look, the discovery statute is required.
It's been six years now, so you think about this.
The discovery reform statute took effect six years ago.
But it does impose...
Extremely onerous burdens on the district attorney's office.
And as I said in my opening statement, I do think that they are working hard to take it seriously.
But the sheer voluminous nature of the discovery and maybe the need for some technological solution to make it happen, which I know that there were efforts at that,
I'm sure would help.
Maybe some coordination with the NYPD in terms of collaboration with them to get that discovery directly to the DA's office so that they can categorize it.
Because what the DA's office needs to do is present it to the defense in a way that it makes it
easy to use by the defense so that they're not just dumped on with a thousand pages, but that it's categorized by witness, by body cam, you know, the person whose body cam it was.
So, but I don't think there's any question that they have been, they've been having a really hard time complying with the strict deadlines that have been imposed by the statute.
No, thank you for that.
And just kind of going back to the beginning of the question, which doesn't necessarily have to opine on why they are, because to your point, we are going to follow up with them.
The district attorneys all have submitted testimony because they have a conference today, and as a result, they were unable to be here.
But I would like to know if you would be able to bring...
Provide a breakdown by county.
In terms of the adherence to the guidelines.
In terms of?
The adherence to the discovery deadlines?
Yes.
County by county?
We do keep track of that.
So I believe, I'm pretty sure we will be able to give you that information.
Okay.
So do you have it now or?
I have it somewhere.
It might take me a minute to find it in my paperwork.
We'll move on, but if you could get into it, that would be great.