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Appeals court affirms decision to keep Eric Garner grand jury testimony sealed

By Amy R. Connolly
Protesters hold signs near City Hall in lower Manhattan after a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on Dec. 19, 2014. Wednesday, a New York State appeals court refused to release evidence presented to the grand jury. File Photo by John Angelillo/UPI
Protesters hold signs near City Hall in lower Manhattan after a decision by a grand jury not to indict an NYPD officer involved in the apparent chokehold death of Eric Garner in New York City on Dec. 19, 2014. Wednesday, a New York State appeals court refused to release evidence presented to the grand jury. File Photo by John Angelillo/UPI | License Photo

NEW YORK, July 30 (UPI) -- A New York State appeals court denied a request to release testimony used by a grand jury that refused to indict a New York City police officer in the chokehold death of Eric Garner last year.

The ruling, announced Wednesday, reaffirms a March decision from the State Supreme Court, citing longstanding rules of grand jury secrecy. In its ruling, a four-judge panel of the appellate division said secrecy that protects grand juries trumps disclosure.

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"The Supreme Court properly determined that the public interest in disclosure was outweighed by the dangers inherent in violating the secrecy of the grand jury process," three judges wrote in a majority opinion. A fourth judge concurred with the ruling but disagreed on other issues.

City Public Advocate Letitia James, along with other groups seeking the testimony, said they will press forward to make the information public.

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On July 17, 2014, Officer Daniel Pantaleo put Garner in a chokehold, banned by the police department, and later died. In December, a grand jury declined to indict Pantaleo, sparking weeks of protests over killing of unarmed black men by police officers.

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