FOR IMMEDIATE RELEASE:
June 21, 2013

Assembly Votes to Expand Discovery and Help Prevent Wrongful Convictions


In an effort to curb wrongful convictions, Assembly Speaker Sheldon Silver and Codes Committee Chair Joseph Lentol today announced the approval of legislation to enhance the fairness and reliability of New York's criminal justice system by expanding discovery rules.

"New York's discovery laws are inherently flawed," said Silver. "Given the high number of individuals being exonerated in New York of crimes they did not commit, there is a clear need to address this issue. With the approval of this bill we would proactively prevent any future injustices against innocent New Yorkers."

The New York State Bar Association's Task Force on Wrongful Convictions reviewed more than 50 wrongful conviction cases and found startling evidence of procedural issues that could have prevented these sentences. The bill (A.3801/Lentol) would strengthen the ability of a court to order disclosure by the prosecution of evidence shown to be material to the preparation of the defense.

"The number of wrongfully convicted New Yorkers who are exonerated continues to grow," said Lentol. "This is a crucial victory for those who have been wrongfully convicted, but an embarrassment to our criminal justice system. While wrongfully convicted inmates have lost years of their lives serving prison time, the actual perpetrators have remained free. This legislation will reform our justice system by giving the court the authority to order more disclosure and help to enhance the administration of justice and prevent wrongful convictions."

Silver and Lentol noted that the bill would continue to allow the court to issue a protective order to limit or deny disclosure of information that may pose a risk of harm or intimidation to a witness or other person.

According to a report by the Innocence Project, in New York State alone, 27 wrongfully convicted individuals have been exonerated through DNA testing since 1991. This legislation would further protect New Yorkers by ensuring fairness and accuracy in the criminal justice system