The Governor is Wrong: Evidence Sharing Does Not Drive Recidivism, and Repealing Discovery Reform Won’t Make Us Safer
Bronx, NY – In response to the Governor’s press conference today on her proposal to repeal New York’s evidence sharing laws, The Bronx Defenders issued the following statement:
“The Governor claims her efforts to roll back discovery laws are because she cares about public safety and ensuring access to a fair and speedy trial. Discovery laws ensure that people accused of crimes receive evidence against them in a timely fashion—nothing more, nothing less. Yet rolling back evidence sharing protections that further a person’s constitutionally guaranteed right to fair trial does nothing to make New Yorkers safer. And the Governor’s false claim that sharing evidence fuels recidivism is not backed by a shred of data.
“Even more alarming, the Governor’s misrepresentation about why cases are being dismissed is rooted in a fundamental misunderstanding of the law. Cases aren’t being thrown out over ‘technicalities’ or because defense attorneys are ‘gaming the system,’ but because prosecutors—despite generous deadlines—fail to provide evidence to support the charges. No evidence, no case. The real issue isn’t discovery reform—it’s prosecutors and police failing to meet basic evidence sharing obligations that allow an accused person to defend allegations made by the government.
“People facing prosecution shouldn’t have their constitutional protections eroded to protect District Attorneys. If District Attorneys are struggling to comply and are truly interested in justice, they should agree to fix the evidence pipeline. And they have the opportunity to do so by supporting legislation that addresses pipeline issues, such as State Senator Zellnor Myrie’s bill granting prosecutors direct access to police evidence databases. If the Governor truly cares about public safety and ensuring access to a fair and speedy trial as she stated, she should work with us to identify and address bottlenecks, as has been successfully done before.
“Making it easier for prosecutors to withhold evidence won’t address concerns about recidivism. It will return us to a time when people languished in jail before trial, forced to choose between a plea deal to escape horrific conditions or go to trial without knowing the evidence against them. That impossible choice is exactly what confronted Kalief Browder, for whom the discovery law was named. He did not live long enough to see the reforms that might have saved his life.
“The Governor’s proposal simply accomplishes more wrongful convictions, coerced plea deals, prolonged pretrial detention, and clogged courts, devastating families along the way. If the Governor truly wants to address recidivism, she should focus on the root causes—housing instability, lack of access to health care, and economic insecurity—instead of pouring billions into law enforcement tactics that only treat the symptoms and sometimes exacerbate the issues.
“Simply put, there is no data supporting the claim that sharing evidence makes New Yorkers less safe. Discovery reforms implemented across the country are working with great success. Diligent law enforcement officials share evidence—they do not try to hide the ball.”
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