Judge Rules Mayor De Blasio, Former NYPD Commissioner Will Not Have To Testify In Inquiry Into Eric Garner’s Death – CBS New York

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NEW YORK (CBSNewYork) — A judge ruled Friday Mayor Bill de Blasio and former Police Commissioner James O’Neill will not have to testify, but may provide sworn affidavits, in an inquiry into the city’s handling of Eric Garner’s death in 2014.

Other high-level officials and NYPD officers involved in the case will testify, according to the decision.

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“The inquiry is about what happened at the scene, and the court’s going to determine who needs to be a part of that decision. But it is not, in the eyes of the court, about people who were not there, had nothing to do with the moment,” Mayor de Blasio said on “The Brian Lehrer Show” before the decision was announced.

Garner’s mother Gwen Carr, other family members and representatives from several organizations wanted the mayor and former commissioner to testify.

Carr released a statement saying, in part:

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It’s been 7 years since Eric was murdered, and in spite of what Mayor de Blasio has said to me personally or to New Yorkers, he and other top city officials are still blocking transparency but now this court has ordered them to finally turn over information.

I’m disappointed that the court hasn’t said that they will force the Mayor and NYPD Commissioner to take the stand, but it’s good that they’re telling the City they need to turn over most of our discovery requests.

Carr’s son was killed when a police officer used an unauthorized chokehold during an arrest in Staten Island. Last weekend marked seven years since his death.

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The judicial inquiry into the fatal arrest of Garner is scheduled to begin in October.

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