Local law enforcement express support for Hochul's proposal to loosen discovery reforms
BINGHAMTON, N.Y. (WIVT/WBGH) – One policy matter that is holding up budget negotiations in Albany is Governor Hochul's proposal to loosen the discovery reforms that were enacted in 2020.
Local prosecutors and police chiefs gathered yesterday with Broome County District Attorney Paul Battisti to express their support for Hochul's proposed changes.
The discovery rules require the prosecution to turn over all evidence in a case to the defense within 30 days after a suspect is arraigned.
Hochul wants to give DA's slightly more time for some types of evidence. And she wants to allow judges to determine whether the lack of sharing some information is actually prejudicial or damaging to the defendant before dismissing a case.
Chenango County DA Michael Ferrarese says the current rules don't allow for any human error.
'As soon as a mistake is made by either the law enforcement agency that made the arrest or was involved in the case, or the District Attorney's Office fails to produce something that should have been produced, it's an immediate 3030 motion for dismissal. That's not a fair system, that's not the way the system was designed to be,' said Ferrarese.
'It has caused cases to be dismissed on mere technicalities. These cases are not being adjudicated on the merits. There are victims of these crimes that are going without any recourse,' said Cortland County District Attorney Patrick Perfetti.
Perfetti and Ferrarese say the discovery reforms were targeting New York City where prosecutors would often spring evidence on defense attorneys as trial was beginning.
They say most Upstate DA's have long had an open file policy when it comes to their evidence.
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