Chair Brooks-Powers asks if NYPD definitively meets discovery transmission timeframes

As I'm sure you're aware, state law considers any material in the possession of law enforcement to also be in the possession of the prosecution.

Can you definitively say that NYPD is transmitting?

Evidence to the district attorneys within a time frame that enables them to meet the disclosure deadlines imposed by state law, including for incarcerated defendants.

Sure, Chair.

Thank you, Anna.

If you could just start with a yes and no and then go into it.

The department.

You want me to read it again?

Sure.

Thank you.

Okay.

This is an important question that I really want to know the answer to.

As I'm sure you're aware, state law considers any material in the possession of law enforcement to also be in the possession of the prosecution.

Can you definitively say that...

The NYPD is transmitting evidence to district attorneys within a time frame that enables them to meet the disclosure deadlines imposed by state law, including for incarcerated defendants.

So I ask that you start with a yes and no first.

And I will, and I appreciate the question.

Yes, with the caveat that the material needs to be accessible.

So I explained materials such as the complaint report and the arrest report and vouchers and body-worn camera and dash cam and case.

Enterprise case management fives and attachments that exist.

Unfortunately, right, there's two things at play here.

There's accessibility, meaning certain materials are more difficult to retrieve, review, and produce than other materials that relate to the arrest.

That is the first thing.

The second...

aspect of this is that when you look at the discovery statute and this arraignment window and 20 days for an incarcerated and 35 days for an at liberty

discovery and evidence is not static meaning that

There are cases where individuals, including those that are at liberty and incarcerated,

it is dynamic, meaning that there is subsequent discovery that is being produced as the case adjudication, as the criminal prosecution progresses.

So the systems that we have in place with the automation that was discussed are designed to send that to the DAs as they become in existence, as they are made final, as they are made whole.

They go directly to the DAs.

So if a report.

Or a laboratory report on the PD side is signed off on and finalized at day 10.

Or even outside of those windows.

That gets uploaded into the case and automatically shared.

Sometimes the materials do not exist or don't have the ability to go to the DAs in that time frame.

There are other materials that take longer.

I know Mach J is in on this effort with the district attorneys as well.

There's an open dialogue here.

instance, 911 records, right?

There is a backlog on that.

We take it very seriously.

We are doing everything we can on that, but I cannot say affirmatively that we're producing every single material related to the case in the timeframe.

Thank you for that.