Politics & Government

Bayside Politician Condemns Law Allowing Prosecutors To Withhold Evidence

A new bill from Sen. Avella would curb certain pretrial motions by prosecutors.

BAYSIDE, QUEENS — A Bayside politician has introduced additional legislation in the State Senate to accompany a Brooklyn Assemblyman’s bill related to pretrial motions, suppressing evidence and subpoenaing witnesses.

State Sen. Avella’s bill, S6848, seeks to reform the discovery rules by obligating prosecutors to share relevant evidence with defense attorneys after a defendant’s arraignment, according to a recent release.

The senator wants to restructure the subpoena process so as to improve efficiency and communication, while providing additional protections for witnesses and informants, the release said. (For more information on this and other neighborhood stories, subscribe to Patch to receive daily newsletters and breaking news alerts.)

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“The state’s restrictive discovery statute, dubbed The Blindfold Law, has created a system that is inefficient and unjust,” Avella said in the release.

The Blindfold Law allows prosecutors in criminal cases to withhold police reports or witness statement from the defense until the day of the trial.

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According to the release, Avella plans to discuss his bill with prosecutors and law enforcement personnel to hear their concerns.


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