"Although the arrest and death of Eric Garner has received considerable attention in the press over the past six years, many facts relating to his arrest and death, and the investigations and any disciplinary actions taken in response to his death, have not been disclosed to the public or to the family of Mr. Garner," New York State Supreme Court Judge Joan Madden wrote in her Thursday decision.Gwen Carr, Garner's mother, wants to be able to question officials including New York City Mayor Bill de Blasio, former New York Police Commissioner James O'Neill and others as part of an inquiry into potential violations and "neglect of duties" in their handling of Garner's arrest and death. CNN has reached out to McNeill and to de Blasio's office comment. What Carr petitioned for is known as a summary judicial inquiry, a procedure created by the New York City charter that allows for certain people to be allowed to petition a judge to conduct an inquiry into "any alleged violation or neglect of duty in relation to … the government or affairs of the city" in which the people being investigated may be required to attend and be questioned. The officer seen holding Garner in a chokehold before he died, Daniel Pantaleo, was given a disciplinary trial in 2019, when an administrative judge overseeing the trial found Pantaleo committed "grave misconduct" and recommended he be fired. Pantaleo was fired by the NYPD days later. Pantaleo was never criminally charged. He sued the police department in 2019 asking for his reinstatement, but the case is no longer active. Carr's petition asks the inquiry to go beyond Pantaleo's actions, and wants to ask other city officials questions about Garner's arrest and the force used by officers on him. They also want to ask city officials about possible failures to train NYPD officers in the use of force and chokeholds and possible violations for filing "false official NYPD documents" concerning Garner's arrest.
Petition alleges possible false statements
The petition also seeks to ask city officials about possible false statements that were made during an internal investigation, leaking of Garner's arrest record and medical history, and about "incomplete and inaccurate" statements to the media by the city about the incident. "It has been more than six long years since the NYPD killed my son, and six long years of cover ups and excuses from Mayor de Blasio and his entire administration. Today is an important sign of hope that their misdeeds will not stay in the dark — the world will know what they did to my son and my family," said Carr."We have seen the video. We have heard my son cry 'I can't breathe' as he died. Now we have a chance to finally show that the Mayor has allowed the police department to get away with murder — and the related cover-up. I hope New Yorkers join me in my ongoing demand for the immediate firing of all the officers who engaged in misconduct related to my son's murder."New York City's law department argued in its filings that the part of the city charter that allows for a judicial inquiry is meant to be used for concerns of "corruption and misapplication of funds." In response to the judge's decision, a spokesman for the Law Department for New York City said the offRead More – Source