Daniel Donovan, Garner Case Prosecutor, Defends Record as He Runs for Congress

Feb 25, 2015 · 138 comments
ROK (Minneapolis)
Ugh, its Staten Island - they would elect a paper bag if was stamped Republicans and had a connection to Guy Molinari. Its embarrassing. I mean really I'll take twenty below in February over ever going back.
Robert Stein (New York City)
If there are other similar issues where our D.A. did not look into the actions of a person who harmed many, and then the courts had files closed for someone who admitted his guilt--it should all be out and available for the public prior to May 5--but will remain hidden, because the fear is awareness and what was allowed by our legal system should have been stopped many years ago, and donovan and staff knew.....
Lawrence (New Jersey)
Why has he not revealed the testimony of the black female Sargent seen on the end of the choking video? Did he not instruct his subordinates on a daily basis how to proceed during the Grand Jury process? Wasn't Mayor Guiiani the person who established the "No Choke Rule" under any circumstance? Is he saying the Medical Examiner's determination that the victim was choked to death was wrong - despite what the whole world saw on the tape? Does he believe he would be the Republican candidate if his office had inditement the Officer? Really?????
suzinne (bronx)
Donovan ought to be a shoe-in for Grimm. This is how they DO in Staten Island! Never been there, and never plan to either.
Bob (Edison, New Jersey)
Why not?
Andrew J. Cook (NY, NY)
Mr. Donovan was either a complete incompetent in his handling of the Eric Garner case or his motives are very suspect. If would be a sad day for Staten Island, not known for their stellar congressional picks, if they elected this man.
Deregulate_This (Oregon)
How is it that police tactics keep weight on a person's chest even after the person is cuffed? I'd like to see how cops would react to having the air squeezed out of them while put in a position like that.
Veteran (Green Valley CA)
A Grand Jury is the tool of the Prosecutor and only in rare cases fail to bring a bill of indictment. It is obvious that Donovan felt that prosecuting a policeman would not be good for his political future, either to be re-elected as District Attorney or higher office, Therefore, he presented a bad case and got the decision he wanted. This is perversion of justice and Donovan should be defeated in his current political aspiration and not be re-elected.
ejzim (21620)
Donovan is the perfect replacement for convict Grimm. He has his whole political life before him, to commit crimes and avoid the consequences. Constituents, who voted for convict Grimm, will adore him. This is entertaining! I love New York City news! So much more interesting than what's going on in peaceful Farmland. I almost feel like I live there!
Unworthy Servant (Long Island NY)
The quasi-endorsement by Bob Morgenthau is telling. So too is the candidate's acceptance (unenthusiastic perhaps) of SSM and the ACA whose attempted repeal he opposes in favor of "tweaking". Folks, take it from a New York State resident, Mr. Donovan is as reasonable as any Republican you are likely to get out of S.I. and a big improvement over Mr. Grimm. Moreover, he is no Wacko Tea Party knuckle-dragger. Dems should really be asking why the white lower middle and working class have abandoned them, unlike all the other industrialized nations.
Jane (Rosemont, PA)
I am a Democrat and proud supporter of President Obama, and I think this guy sounds like an incredibly decent man. More Republicans like him would be a huge improvement in Congress and elsewhere.
GSBoy (CA)
Like him or not, he has nothing to defend. The police did not use a choke hold on Garner one pulled him down around his neck, completely different. In fact several cops pulling a suspect to ground is the most gentle way of subduing someone, no need to hit them, and in 99.999999% of these cases there is zero injury to the suspect using this technique. And everyone says "I can't breathe" or "that hurts" when they are being subdued. Garner died from being deceptively medically very fragile, he was a relatively young and robust-looking man but as fragile as an 85 year old, and that is what he died from that -an hour later- not anything the police did to him. He would have died from the same thing if he helped someone push their car.
So the idea that Grimm gave us a fairytale about this case is ridiculous, he just did his job.
James (Albany, NY)
If you cannot breathe, it is impossible to speak.
Kory (MA)
Though I disagree, I disagree most with him not having anything to defend.

He wants to be a politician, he works for the people which means he has to answer to the people. No politician is above reproach, even the president has to answer to the people. A lot of people who he seeks to represent believe he let a killer unjustly walk, he does have to defend himself to the people.
suzinne (bronx)
You're a cop, right?
mediapizza (New York)
I served on a NYC grand jury for two weeks and oh how much fun.
It was like being in a Seinfeld episode with everyone straight out of central casting.

Not every state has a Grand Jury system, and when I left my two weeks in court, I know why. It's draconian, redundant, completely biased and a needless way for the DA who has an advantage in the court to add procedure.

Be damned if you ever get indicted. The grand jury of your peers wants to be in the room as much as getting an colonic of Gowanus Canal water. Of the half that weren't sleeping throughout the day, half of those people who were awake were reading the paper and the remainder were probably not native english speakers. The guy sitting next to me took turns between picking horses from the racing paper and sleeping, he just raised his hand for every indictment because he was jolted from his slumber and saw other people doing it.

Out of 170 cases we heard, only one did not get indicted.

From what I could tell the DA has the record of the Harlem Globetrotters and NY Legal Aide Society has the record of everyone who has played the Globetrotters.

It would be great if the NYT could obtain the video shown at the beginning of a new grand jury session in NYC. It's star packed with all your favorite TV lawyers and newsreaders telling you what a secretive process you are about to embark on and how much fun it will be to send people to jail.
Dotconnector (New York)
It's called shamelessness. And if he makes it to Washington, he'll be in the perfect place for it -- the absolute pinnacle of moral, ethical and legal tone-deafness. New York City, or even Albany, is only AAA ball. D.C. is the majors.
James (Albany, NY)
Just ask Shelly Silver!
MartinC (New York)
I concur with all the comments highlighting what a racist, vile, politically motivated, unsympathetic person this Donovan is. Whilst it sounds trite what level of education does it take for a District Attorney to use some basic grammar. "We did everything proper." Seriously is that the best Staten Island's legal community can produce.
JerryV (NYC)
The key thing here is to make public the deliberations of the Grand Jury. Until then, it is impossible to speculate on the role of Mr. Donovan.
Fifth Amendment to the Constitution states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.
Sixth Amendment to the Constitution states, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed...
mediapizza (New York)
I think you mean the transcripts of the DA's presentation and any witness testimony. The deliberations in any trial are not recorded and no stenographer or
notes are kept. In fact any notes taken by the jury are usually collected to be destroyed and jurors are bound by the law to keep the deliberations private at risk of a contempt of court charge. There is nobody present in a jury chamber or within the grand jury room except the jurors themselves.

The actual indictment hearing though is recorded and all witness testimony along with any questions asked of witnesses by the grand jury is transcribed by a court stenographer so sealing these documents is ridiculous injustice of a public court and needless.

Remember that the grand jury DOES NOT decide if someone is guilty or innocent of a crime, rather if they should have to go forward in an actual jury trial to prove their innocence. This is why the grand jury is always instructed by the DA to indict (that's their duty). The really sinister part of the grand jury system is that it is used to elicit confessions or plea bargains by charade. The grand jury is a court room, but it operates only with a prosecutorial side and the outcome can still send you to jail or keep you there. In a grand jury it is most definitely a guilty until proven innocent situation. It's about time the NYT actually enterprises and explains how it works.
Jrcnyc (brooklyn)
This article, and some comments, imply - or in fact concede - that Mr. Donovan had political motivations for the outcome of the Garner decision. This will certainly be noted by historians, no matter the outcome of the election.

It also suggests that there was a major conflict-of-interest in Mr. Donovan's ability to adjudicate the Garner grand jury. He had personal and political reasons for exonerating the police officer in the case: this outcome would help secure his election by Staten Island voters who, at best, appear divided along racial lines.

A law should be passed that prohibits prosecutors from running for office within five years of overseeing cases like this.
Jeff (Placerville, California)
As a retired Criminal defense lawyer, I know that criminal grand juries do just what the District Attorney wants them to do. The DA controls all the evidence the Grand Jury sees. The accused cannot present any evidence and doesn't even have the right to observe or have an attorney in the room. It is nothing more than a Kangaroo Court. District Attorneys use the Grand Jury when they want to shield themselves from public opinion. Donovan manipulated the Grand Jury to not indite the officer. Do you New Yorkers want a man like Donovan to be your representative?
boson777 (palo alto CA)
A man is murdered by police in broad daylight, videotaped, and the prosecutor, as is usual in cases like these, fails to punish any of the perpetrators. Now he's running for public office. Is it any wonder that the institutional racism since slave times, that exists in the forms it does today, still persists on our streets today?
Bangdu Whough (New York City)
There's an old adage that a district attorney can indict a ham sandwich. Obviously Daniel Pantaleo must be a vegan.
Steven McCain (New York)
He can't lose in Staten Island. He knew what was up when he let the cop walk. Now its time for him to get his reward for turning a blind eye on murder.
Bay Area HipHop (San Francisco, CA)
Mr. Donovan's comments are disingenuous at best and deceptive at worst. AS the DA, he supervises and controls the attorneys who brought the case to the grand jury [actually it says something that he didn't even think the case warranted any of his time in court]. The purpose of grand juries is to determine simply if there is enough evidence to go to trial. It's not a trial at all. There's no defense side. All of the evidence is presented by the DA, who can choose what or what not to present. It's been said that a good DA can get a grand jury to indict a ham sandwich if he want to. A grand jury indictment does not mean that the person will be convicted. It simply means that there will be trial. Mr. Donovan could have achieved at least this step in the Garner case if he really had wanted to.
Roger Duronio (New Jersey)
The evidence of Donovan's incompetence, prejudice, and distrust of the people is written all over his actions. He could not get an indictment when he had a picture of a man being strangled, Mr. Eric Garner. He could not get an indictment when the coroner said the death of Mr. Garner was a homicide! He chose to not let the people decide if Mr. Panteleo had broken any law by trying him for the death of Mr. Garner. He put his judgement ahead of the peoples and put Mr. Panteleo beyond the judgement of a trial by a jury of his peers. Mr. Donovan put his judgement over that of a juries. It is criminal that he did so. There can be no justification, there is no justification, for such an egotistical, biased, illegal, action. He was derelict in his duty to his community, his oath of office, his profession, to the law, and to the Constitution. And his audacity is apparently unlimited. Having completely failed in his responsibilities to the people he now wishes to make the laws for the people. The man should be run out of public service because he has proven he will refuse to serve the public. He will serve his own opinions over the law, common sense, and the demands of justice. The man is unfit for public service. He doesn't believe in public service. He acts as if his opinion's are superior to the law. He is, of course, wrong. Supporting Donovan is supporting anarchy, the rule of man, him, over the rule of law, over the will of the people.
R. Doughty (Colts Neck, NJ)
Dan Donavan did not need to convene a Grand Jury to secure an indictment in the Garner case. He could have issued an indictment on his own. After all, if all potential crimes necessitated GJs there would be an even greater logjam in the Judicial system. Surely somewhere in the footage of the incident there is evidence of a crime being committed, starting near the low end of the scale with use of excessive force and working up. He may think he was being fair but I think he was passing the buck, possibly with political ambitions in mind.
Kayemtee (New York City)
Many of these comments are filled with incorrect assumptions; this one is just blatently wrong. A Grand Jury Indictment is the only way to prosecute someone for a felony in New York unless the defendant consents to waive one as part of a plea agreement. Doesn't the NY Times staffer who reviews thse comments before permitting them to be posted have an obligation to not bost comments which are factually incorrect?
RJK (Middletown Springs, VT)
When Sandy II hits Staten Is. Mr. Donovan will be safely in DC chatting up his climate-change denying Republican cronies.
It's rather odd to see a DA "play it right down the middle". Time was when they could get a grand jury "to indict a ham sandwich". What a joke.
Marian (Maryland)
If this gentleman represents what is now passing for leadership in this nation in 2015 we are a doomed country. "May the odds be forever in our favor".
Martin (Manhattan)
Sounds like a decent guy and light years better than Grimm. About the best you could hope for from Staten Island (yes, I'm a snob...)
IGUANA3 (Pennington NJ)
A fundamental part of any trial is for each side to shape the jury in a way that is advantageous. In a grand jury where the prosecutor runs the whole show, he can shape the jury at his sole discretion to one that will indict a ham sandwich unless said sandwich wears an NYPD uniform. Donovan's "I don't have a racist bone in my body" defense transparently plays the same reverse race card used by Lynch, Giuliani, and other right wing provocateurs to redefine the crime as racism which is highly subjective, obfuscating the crime of police brutality and trivializing the videotape and the clear and convincing evidence therein.
Gene (Honolulu)
The problem with the grand jury system is secrecy after the fact. It may well be as Morgenthau says that Donovan was neutral in his presentation to the grand jury. We simply do not know and can only guess about the evidence, how it was presented, and how it was received by the panel. Many people seem to think the DA should be an advocate for indictment. Is that the correct role of the DA in front of the grand jury? I don't think so. Certainly in court during trial, it is. At a minimum, grand jury deliberations should be released at some point after trial or otherwise, so that the public can decide whether the DA acted appropriately and how the jury came to their result, especially in states where DA's are elected rather than appointed. It seems pretty clear that the disproportionate number of African American men in jails in the U.S. is the result deep seated prejudice starting at the grand jury. The idealistic notion of "jury of peers" surely seems flawed. Nevertheless, basing judgements solely on the outcome - in this case no indictment - is dangerous. But, I will venture into danger now and suggest that the failure to indict is more likely to be a result of grand jury bias then DA bias. Will removing local DA's from the process when police are involved, as some have advocated, solve that problem? I bet not. Clearly we continue to need to have serious broad based conversations about race, bias, prejudice and the like for a long time to come in this country.
silviacny (Oceanside, NY)
And who would vote for this un-compassionate, un-repented human being?
James (Albany, NY)
If you read the article, former Mayor Michael R. Bloomberg and former Democratic Manhattan DA Robert M. Morgenthau would, if they were in his district.
HonorFirst (NYC)
Anyone who wants an honest politician.
Matt (Brooklyn, NY)
Have you been to Staten Island lately?
troublemaker (new york, ny usa)
Where is the Democratic challenger? Coverage, please so we can support them.
James (Albany, NY)
Probably someone from the Obama Justice Department, who did not find any civil rights violations in the whole process.
NYC Taxpayer (Staten Island)
Vincent Gentile of Brooklyn is the apparent democrat candidate. It's a 70% Staten Island district, and even the Brooklyn sliver is fairly conservative. Gentile also has some explaining to do about this harassment charge from a male staffer:

http://www.nytimes.com/2004/09/22/nyregion/22sex.html
Sam (New York)
In the article:

Democrats are still choosing their candidate from a list that includes Councilman Vincent J. Gentile.
Allen (Atlanta)
There is a situation in the Staten Island District Attorney's office that resembles the excuses and cover-ups by DA's in the deep South. Donovan thinks he is going to walk away from an unjustified homicide. It is interesting to see a public official sell his soul in public.
James (Albany, NY)
It is his right to run for office, just as it is the public's right not to vote for him.
Kory (MA)
"Another grand jury on Staten Island refused to indict a young African-American man for assaulting a public servant. No one's asking to reveal those grand jury transcripts. Nobody's saying that the system was broken then."

Is this a serious statement? Are these words actually spoken? So because one man wasn't indicted, all cries for a system that protects police officers at all costs are hypocritical? As if it's all evened up now, no need for protests or a reform of the system, everyone, we're square now. This is nearly comical but certainly tragic.
Matt (Carson)
This man is a hero! I hope he is elected!
Bill Sortino (New Mexico)
Throughout the country the same types of men and women are rising to the top. They are in congress, our local legislatures and our cities. These are the types of people that will do anything to get ahead; to make money and gain power regardless of the effects of their actions! Unfortunately, there is no way to stop them short of the voting booth and they are systematically rigging that as well. What is left, only the press. The question for America is whether the press too has been completely bought and works for and obeys the ministers of the oligarchy? Time will tell.
Bertrand Plastique (LA)
Bad people don't usually recognize themselves, and Donovan is an example. The world would benefit substantially if he were to crawl under a rock and stay there, but he won't.
Phillip (Manhattan)
S.I. is and has been a bastion of the under-educated. I speak as one with deep rooted family connections there. Although, I come from a mostly democratic family, several of my nieces and nephews who grew up on S.I. have become reactionary republicans, without having much understanding of their positions. Mr. Donovan fits right in with the conservative traditions embedded of a borough that is more rightly in N.J., than in N.Y.
Grace (Manhattan)
Your argument just lost credibility with a statement like" that is more rightly in NJ then in NY." Last time I checked Staten Island was one of the five boroughs and most definitely apart of the state of New York. Comments like that only fuel a long history of harsh feelings towards the borough that are unjustly deserved.
Susan (New York)
Except that everyone crossed over from Brooklyn when the Verrazano Bridge was built. There is nothing wrong with having conservative values, but those values must be based in reality not fantasy. Unfortunately, most of today's Republicans are also reactionaries and racists. Rudi Giuliani is the epitome of the New Republican.
ROK (Minneapolis)
You must not be from an old NY family. Well known saying: NY and NJ had a boat race around Staten Island to see who would get Staten Island, New Jersey won.
Forrest Chisman (Stevensville, MD)
This guy should be indicted for criminal conspiracy. But the spineless Justice Department does nothing, and the good people of Staten Island will send him to Congress. Has America failed?
James (Albany, NY)
The "spineless Justice Department" endorsed his decision by not finding any civil rights violations.
Shelley (NYC)
A vote for Donovan is a vote against equal justice.
Thomas (New York)
There can be disagreement about whether a choke hold was used. From what I've seen of the images, I think it possible that the officer was just trying to get hold of a large man, and if there was compression of the throat, it was brief. But then, I wasn't there, and I haven't seen all of the video. What I think is not in question is that a great deal of unnecessary force was used against a man who was merely backing up, and then, after he was completely subdued, flat on the ground and handcuffed, the cops kept him on his belly, knowing that that is against department policy for an obese person because it is known to be life-threatening. They ignored his repeated cries that he couldn't breathe. All that surely demands a jury trial, for manslaughter or maybe even murder by depraved indifference. When a prosecutor presents a case to a grand jury, his job is to persuade them that an indictment is warranted. In this case he apparently didn't do that job. It doesn't matter whether the reason was racism or unquestioning love of the police; he shirked his duty.
bobw (winnipeg)
The reason for the lack of indictment was probably because the choke hold was not established as the cause of death. Garner more likely died from "positional asphyxia" as per above. A charge of criminal negligence would have been appropriate for all the police involved, not just the "choker". But its tough to get a conviction in these cases because of the lack of intent. Nonetheless, it should have gone to a jury. And the mechanism of death should be part of the public record.
Bangdu Whough (New York City)
I concur with your assessment, though it is obvious that Officer Pantaleo employed a NYPD-prohibited chokehold when taking all of his brazen actions into account. Let's not forget Pantaleo forcibly pushed Garner's head into the concrete pavement, with two hands, for several seconds. Most indicative of his criminal intent, Pantaleo licked his tongue at the bystanders following his dastardly deeds. This was an exercise of contempt not negligence or error.
Mike Barker (Arizona)
No thinking individual with an IQ above room temperature would have anything but respect for Donovan's actions and decisions in the Eric Garner case.
Paul (NYC)
Mr. Barker, your statement is a little ridiculous since none of us know what happened in the grand jury. What facts are you relying on? What actions? What decisions? As the law requires, everything was done in secret, so unless you know something the rest of us don't know please don't question our intelligence.
Shelley (NYC)
No thinking individual with an understanding of the proper use of a grand jury could fail to realize that Donovan rigged it to avoid an indictment.
Jeff (Placerville, California)
I think you have it backwards.
David H. Eisenberg (Smithtown, NY)
I have a great deal of trouble understanding the outcome in Garner too because I saw the video and it seems clear, but I also know that cases look a lot different in a court than when seen through the media. And, Mr. Donovan is correct, there are probably presumptions made about him based on skin color that are unfair. Experience can make us suspicious, sometimes correctly, but very often it is based on some prejudice or bias. Centuries of unfair and brutal treatment of blacks, women and others in our justice systems leads some people to believe it has not improved or that making unfair presumptions against whites or males is fair to balance some hypothetical scales. But, unless there is some actual evidence of improper behavior concerning the Garner grand jury it is wrong to assert it as true just based on speculation or politics. And, though it is true that grand juries are likely to follow the prosecution they do not do so all the time and have minds of their own. Not everyone is indicted and many times they should not be.
Independent (Florida)
Given the demographics of Staten Island, I'm not surprised. A Republican monkey could beat an intelligent Democrat in SI.
Ms. B (Staten Island, NY)
That is exactly what happened when Michael Grimm won his first election, which was against Michael McMahon.
Linda (Kew Gardens)
The fact that this district still supported the election of Grimm with all his baggage makes Donovan a shoe in. How sad the voters turn a blind's eye to White politicians who break laws as long as they support "Conservative" values. The definition of values has been corrupted.
Kerry (Florida)
All this really tells me is that cops murdering blacks has been institutionalized. Mr. Donovan understands that "any violence" looks awful, but he also understands that if the violence is coming from a white officer towards a black suspect, well, that's just the way they do things in his racially diverse neighborhood. And this is what we should all be worried about.

Murder is murder unless you are a white cop in racially diverse Staten Island and then it is not murder. Got it, Mr. Donovan, I now understand completely--the cop did his job and you did yours and that's exactly what worries some of us...
Rob (Queens, New York)
Kerry all your statements tell me is that blacks committing crimes over and over, Garner had been arrested over 30 times and his God given right to resist being handcuffed for the 30+ time means that he bears no responsibility at all for his death according to you! He would be alive today unless walking up the courthouse steps would have put too much stress on his poor vascular system and he died while going to his court hearing. Oh, wait he had a warrant for not appearing in court! So he would definitely have been alive today.

Mr. Garner while being a wonderful father and husband, was a career criminal who was resisting arrest, not allowing an officer to handcuff you while being arrested is resisting arrest, and died because of those actions. He was alive in the ambulance and expired almost an hour later at the hospital. His very poor health condition and his very poor judgment of not going along peacefully was his killer. He should have sought out legitimate work instead of selling untaxed cigarettes which is against the law.

I'll also be he and his family were getting public assistance as well. Well, that money in part comes from cigarette taxes. He surly isn't the poster boy for police brutality. No punches were thrown, no kicks or beatings after being handcuffed were done to him. In fact, the ranking officer on the scene was a black female sergeant. Racism, I think not. Garner thinking there are certain laws he doesn't need to obey is the problem.
Shelley (NYC)
Nothing he did was worthy of death. And the completely callous lack of care for a dying man should be condemned by every decent human being.
Roger Duronio (New Jersey)
And of course, Mr. Garner, being a bad person in your eyes, should have had his life taken from him without charges being filed, without due process of law, by the decision of the lowest executive officers in the city, street policemen. Very logical, very astute judgement, very unconstitutional, very un-American, very inhumane, very prejudiced, very willing to sell us all down the tubes of a police state.
Dom (NYC)
If Dan Donovan is a man of integrity, he would feel deep remorse for failing to get any charge against the police officer who contributed to Mr. Garner's death. But he doesn't He not only failed at his job, he helped set off a chain of events that contributed to major social unrest and great pain for many people.
John W Lusk (Danbury, Ct)
Morgenthau is not the person I would want supporting me. How many cases prosecuted by him were later reversed because he hid evidence from defence lawyers? What people may not realize is that the prosecutor gives the jury options that they must follow 1st,2nd degree murder,manslaughter etc. Then when deciding the persons fate they must adhere to the choices given them they cannot call for 1st degree murder if they believe it is justified by the evidence.
IGUANA3 (Pennington NJ)
Recall that in another high notoriety case, when a grand jury did not indict Bernie Goetz, Morgenthau simply convened another grand jury that did indict him.
Susan (New York)
Add Hynes to the list!
B. Rothman (NYC)
I am not reassured that Mr. Donovan thinks he understands how the public feels after they read accounts by a medical examiner or see the video. I think he understands little or nothing about the fact that "justice" isn't served when police officers violate the rules of their own business, resulting in a death and then don't even have to appear before a jury in a real court case.

It may have been the case that Mr. Garner's own health issues played a part in his death, but Mr. Donovan made sure that this would never get examined and after the month or so of protests the issue would be buried along with Mr. Garner and many other injustices suffered by minority groups. Resentment, however, doesn't die and it is felt by those of us who are white and have any sense of what is fair or just.

Mr. Donovan served himself and the police he depended upon for prosecuting (non-police) criminal cases. He did not serve those of us who live on Staten Island -- both black and white; blue collar, city worker or professional. Anyone of us are now more likely to be subject to police over reaction because he set a precedent of not allowing actions by police that result in the death of unarmed civilians to be judged in a criminal case. THAT is the point and too many conservative Staten Islanders think it can't or won't happen to them. Pre-exonerating Officer Pantaleo by preventing a court case isn't justice. It's payback to the police department with whom the DA works all the time.
Rob (Queens, New York)
That's your opinion, many people feel the grand jury made the right decision. Based upon facts, all the facts which really need to be made public so some people can eat their words.
Tim L. (Halifax, Nova Scotia)
Hmm. Daniel Donovan, let me guess. Is he a former alter boy? Does he believe in corporal punishment? Does he go to Mass most Sundays? Is he a "family man?"

I've seen that video of Mr. Garner being killed by cops. A completely unnecessary and brutal take-down that if there were justice in Staten Island, would have resulted in charges. It could not be clearer, and excusing the crime is as appalling as committing it.
Victor Edwards (Holland, Mich.)
Give it up, dude. What you believe is NOT true, as has been determined several times. How long can you continue in this rabid denial of the truth?
R. Doughty (Colts Neck, NJ)
Mr Edwards, people choose what they want to see. When I watch the video I see numerous officers involved, some more than others in the takedown, looks like one is choking him. I then see none actively helping him as he lies on the ground dying. What happened to their CPR skills?
Tim L. (Halifax, Nova Scotia)
I repeat: "excusing the crime is as appalling as committing it."
RCT (New York, N.Y.)
I grew up in a blue-collar, conservative ethnic neighborhood - Carroll Gardens - and then lived for many years in Dyker Heights, in what would be Donovan's district. My mother lived in that district for over 30 years, until she died in 2004. It's still virtually all white - although Dyker Heights has a growing Asian population. It's racist, too.

The white ethnics - mostly Irish and Italian - in Bensonhurst, Dyker Heights and Staten Island have not moved beyond the 1950s in their racial attitudes. "Garner sells illegal cigarettes; Garner dies; serves him right, he is one of 'them'" is how the thinking goes. The cops are always right, period. Donovan did nothing to advance the course of justice, but merely stood back and let a racist system take its course. He may think that remaining neutral was his job - I believe that he is honest - but remaining neutral on a plantation does not secure a fair outcome.

When I was 15, a black friend from high school came to my Dyker Heights home to visit. To reach my house, she had to walk two blocks through the neighborhood from the local bus stop on 13th Ave. The next day she told me - apologetically - that she would not be returning. The stares and glares that she'd received during that 2-block walk had made her feel so unsafe that she didn't want to come back.

It's still like that there, and Donovan knows it.
Red Lion (Europe)
'It's still like that there, and Donovan knows it.'

And is probably counting on it.
Bob (Edison, New Jersey)
Some areas in Dyker Heights are okay, I suppose. Bay Ridge as well.
lamplighter55 (Yonkers, NY)
Mr. Donovan said, “another grand jury on Staten Island refused to indict a young African-American man for assaulting a public servant.”

Does this sound like someone that thought that Daniel Pantaleo should be indicted? To me, this enforces my belief that the Staten Island district attorney's office wasn't trying very hard.
Martin Veintraub (East Windsor, NJ)
Donovan's self-defense here is not convincing. The false equivalence of the state failing to indict in the Garner matter and failing to indict someone else? That's called a "red herring" in the law. His alleged growing up in a mixed neighborhood? How does that improve his functioning as a poitically-ambitious prosecutor in this matter? If he just admitted that there's no way he's going to indict any police officer as a Staten Island Republican-no way! no how!- I'd start believing him.
winthropo muchacho (durham, nc)
A prosecutor can cause a grand jury to indict a rock if he's so inclined. Conversely he, or in this case his minions acting at his direction, can cause a grand jury not to indict someone eminently indictable as was the case with the thug who strangled Garner to death, on video no less.

Rather than not taking "the easy way out" in indicting the cop, he made a cynical political calculation that would play well to the benighted populace on Staten Island, many of whom are racists. Grimm's problems were well known at the time the Garner grand jury was impaneled and a no true bill fit nicely in to Donovan's political plans.

Instead of being disbarred as he should be, watch him get elected as a thank you from the Staten Island electorate for letting a murderer slide.
Aspen (New York City)
As a Staten Island resident, I find it interesting how the island is characterized as being blue collar and conservative. Yet somehow we managed to elect former Congressman Michael McMahon by a margin of 61% to his Republican opponent’s 33%. We also managed to elect 49th District City Council member Deborah Rose, a Democrat and a black woman, in 2009. Mr. Donovan appears to be a straight forward honest district attorney. I was disappointed in the outcome of the grand jury in the Garner case; however, since I don’t know what or how the evidence was presented or what occurred during the jury’s deliberations, it would be unfair to criticize without further information. I think that it says a lot that Mr. Donovan’s former employer, former District Attorney Robert M. Morgenthau (a democrat), has "defended him as a ‘man of integrity’.” Morgenthau further went on to say “He’ll faithfully represent his constituents without fear or favor.” Those statements coming from a highly respected former Manhattan District Attorney and a Democrat say a lot about Mr. Donovan. As a voting Democrat, I am awaiting to find out more about the person who will be running against Mr. Donovan before I make any decisions as to who I will vote for. I want to hear what each candidate stands for and what each one has to say.
Shelley (NYC)
Perhaps you don't realize just how strangely Donovan presented that grand jury.

All he should have been doing was presenting evidence towards an indictment.

Instead, he grandstanded all the exculpatory evidence he could possibly round up.

A grand jury is not a trial. Donovan played it to avoid any real prosecution of Pantaleo.
Glenn Ribotsky, Chair, New York Road Race OmbudsAssociation (Queens, NY)
As a former long time Staten Islander who moved away because his adopted Korean son was getting quite a bit of flack merely for being Korean in a mostly white neighborhood, I can say that while Staten Island is slowly changing--it has a substantial Asian population, a growing Russian enclave, and the world's largest Sri Lankan expatriate community--it is, overall, still majority Irish/Italian Catholic, and very blue-collar civil service conservative, especially in the two Council districts that are NOT Ms. Rose's, which is a little more diverse (and has the overwhelming majority of the African and African American people who live on SI).

Moreover, the "traditional Catholic" population votes at higher rates, and is majority Republican in registration,and very socially conservative. Democratic candidates here, such as Mr. McMahon, need to be viewed as social conservatives (as he was)--not choice or same-sex marriage supporters--to have a chance at winning Island-wide office (Democratic mayoral, Senate, or governor candidates almost never carry the Island as a whole, and there hasn't been a Democratic Borough president in forever).

The place cannot be painted with just one brush, but the proportion of anti-intellectual, "Vatican Two was too liberal", "keep them out of my neighborhood" types is higher than you think; too many Staten Islanders are still provincial and xenophobic (and can't spell or define either word).
Bangdu Whough (New York City)
Having Robert Morgenthau vouch for you certainly is telling since his office was responsible for perhaps the most egregious example of prosecutorial misconduct ever - the Central Park Jogger case. A travesty that victimized the victim a second time, allowed the actual perpetrator to commit more rapes, stole the youth of five innocent youngsters and cost the city in excess of $40 million.
C. V. Danes (New York)
Mr. Donovan did not oversee an investigation into the chokehold death of Eric Garner. What Mr. Donovan oversaw was a blessing of police brutality.
MIMA (heartsny)
Donovan tries to come across like he's about ready to be nominated for "Mr. Diversity USA." Fact is, he's not African American and he simply cannot understand why Eric Garner's death was ok and further more, he was not able to prove, nor did he seem to care, that it was not ok.

Just because you're part Pole/Irish, live around Puerto Ricans, Jews, and have a black family across the street - does not give permission to think a person needs to die for selling loose cigarettes. What a ridiculous statement he is trying to make in his own self defense and political motives.
Dan (Boston, MA)
"Forget it, Jake. It's Staten Island."
winthropo muchacho (durham, nc)
Excellent analogy Dan!
Ms. B (Staten Island, NY)
Excuse me, but there were many of us (caucasians) who live on Staten Island who DID NOT vote for Michael Grimm and who were VERY disturbed by the outcome of the Eric Garner case. There is no typical Staten Islander anymore, so please don't make ignorant or prejudiced comments about the population of a place where you don't even reside.
Paul Deters (Facebook)
The murder weapon here was the choke hold. The choke hold is illegal. This is not a complicated case!
Dr. C. (Columbia, SC)
Please remind us of the NY state criminal statute that makes a "choke hold illegal."
Joel (New York, NY)
The choke hold is not illegal. It's against NYPD administrative policy.
PRRH (Tucson, AZ)
Republican candidates may not embarrass their party, but they embarrass the rest of us.
Jay (NYC)
The lack of an indictment was not out of incompetence but intentional and is likely the reason he's being considered to replace Grimm. Although, he is probably incompetent.
K Henderson (NYC)
So his official spin is that it was his bevy of "lawyer underlings" who mostly handled the Garner case? I dont know what is worse -- that that is actually true, or not true.

In any case, Daniel Donovan clearly wants the spotlight now that he has had a taste of it. He reminds me of Christie -- oily in words and deeds.
lyle (nj)
Baloney..... The grand jury most times follows the led of the DA. If the DA wants no indictment, that is what he gets. It is very unusual for the Jury to go against the DA. So I believe it came out the way Donovan planned it. Whether he discussed it with or was following someone else's lead is another matter.

Right or wrong the guy was choked and is dead for selling cigarettes. or for past actions.
Albert (Key West, Florida)
If you repeat the word 'chokehold' often enough then people will believe it. For the record, no chokehold was used in this unfortunate incident.
K Henderson (NYC)
"For the record, no chokehold was used in this unfortunate incident."

it is not for the "record" if you dont have links to back it up your claim.
PK (Seattle)
Saw it with my own eyes.
John W Lusk (Danbury, Ct)
You are wrong the police officer even said he did
S B Lewis (Lewis Family Farm, Essex, New York)
Two welcomes here... one for Alex Burns, following Michael Powell and others in Metro, The New York Times center - and most important next to International, where we now begin to learn why and what under Michael Slackman with a team unparalleled in journalism - And we welcome Daniel M. Donovan Jr., the latest from Staten Island, at 58. It's never too late. Ask Ben Carson, 62... with Republicans of this caliber, with men of good intent and clean mind, we in this nation can return to the path of decency - and fast. For there is not much time to lose... and THIS writing is a terrific indication of what is to come in METRO.
Harry (Michigan)
The case of Mr Garner was an injustice, and Danny boy had a hand in it. I guess the good people of Staten Island will sleep better now that they will feel safe. I don't know what's in this mans heart, but if it walks like a duck.....
Un (PRK)
Interestingly, Eric Holder dropped the Trayvon Martin case yesterday saying there was no evidence of racism. Where are the accusations of racism against Holder who did not even convene a grand jury? One wonders whether it is just the race hustlers and certain press who conjure up all the racism. There is nothing in his history that would indicate Donovan is a racist other than baseless allegations from the Times and unscrupulous characters like Rangel and Sharpton ... Both egregious violators of the law.
Martin (Brinklow, MD)
The laws are written in a way that racism has to be really crass and in your face before any law gets violated.
John W Lusk (Danbury, Ct)
He may or may not be racist but if he has ambitions for public office he better have a great conviction rate.
carol goldstein (new york)
That's not what Holder said. He said there was not enough evidence of racism per se to convict George Zimmerman under Federal law of depriving Trayvon Martin of his civil rights. Conviction of that crime requires proving that racial animus was a major motivation. Proving the motivation and intent requires proving - not just suggesting - a state of mind and is a very high standard. Zimmerman did not have a history of advocating or condoning violence against black people. You may think that his subsequently reported (but not criminally charged) attacks against girl friends would count against him, but they actually seem to confirm that he is an equal opportunity hothead.
The law creating the Federal crime of "violating civil rights" was enacted to deal with targeted attacks on civil rights workers and their supporters by avowed racists at a time when those crimes were not being prosecuted to convictions on the state level even where there was more than ample evidence of guilt. The standard for conviction was purposefully set very high. I believe AG Holder was correct in not trying to charge when he knew he could not convict.
Matt (NJ)
Well, if Mr. Donovan couldn't secure an indictment for Mr. Garner's murder, then either he's incompetent, or he deliberately made sure the Grand Jury would not find the officer at fault.

When the city coroner rules that the death was a homicide, that should have been enough to fully test guilt or innocence in a court of law.

A prosecutor makes the decisions on who testifies before the Grand Jury. He asked the questions and ensured that the jurors took the officers views on things as the gospel.

That may play well to white Staten Island voters who never saw a cop who wasn't a hero, or a black man who wasn't a thieving potential cop killer. For the rest of us, he's a craven sell out who didn't do his job.
Deanalfred (Mi)
The failure in the Garner case, as in many others, Rikers Island, Utah, Missouri, South Carolina, has been the prosecutors refusing to prosecute.

If 99% of cops, guards, and public incidents are flawless, the 1% NEED to be prosecuted,,, even if they receive a not guilty. This dirty business of turning it over to a 'secret ' jury is cowardly, ineffective, counterproductive, and although we use it,,, barely constitutional. Secrecy is wrong.

Not prosecuting and laying all evidence in front of their bosses, we the people, is wrong. Vote him into the obscurity he deserves. He failed me.
NYREVIEWER (New York, NY)
Although he claims not to have influenced the jurors; I would like to know who signed off on what jury instructions. They would be key to the outcome.
Robert (New York, NY)
Apropos the obscenity of a man running for Congress, and likely winning, over the dead body of a man whose videotaped murderers he exculpated:

"The fault is not in our stars, but in ourselves."
Margarets Dad (Bay Ridge)
Donovan "did not conceal his frustration that his reputation has been transformed because of a racially divisive legal battle. "

Baloney. Nobody ever heard of Dan Donovan before he so expertly worked his legal magic to free Eric Garner's killer. That case is what made him a celebrity and rising political star. It made him a hero to racist white Staten Islanders and Brooklynites, who believe in Italian-American and Irish-American superiority over African-Americans as ardently as 19th-century slaveholders believed that their slaves were the "sons of Ham." Believe me. I live here. I know.

Choosing Dan Donovan to run for Senate is a slap in the face to all Americans, and especially African-Americans. It would be like selecting Bull Connor to run for Alabama Senate in the 1960s. I call upon all Americans who are deeply offended by the Staten Island Republican Party's race-baiting in selecting Dan Donovan, to come to Staten Island, protest his selection, campaign for his opponent, and cut his rising celebrity off at the knees. His election would be a source of shame for our city, state, and country.
carol goldstein (new york)
Not Senate, the House of Representatives.

Speaking as a lefty Democrat, I hope people do not protest Donovan in the way you seem to suggest in his district. It is not a place where the majority of voters - including those who might vote against him on other grounds - take kindly to protest. Yes, if you are willing to give time or money, campaign for his opponent, but do it on the basis of the opponent's strength on issues across the board, Donovan's association with an increasingly anti-union national GOP, etc.
James (Albany, NY)
It's lucky that he is running for Congressman, not Senator as you state.
Margarets Dad (Bay Ridge)
I never said he was running for Senate. I said it would be like choosing Bull Connor to run for the Senate. I live in Grimm's district. Believe me, I know what Donovan's running for.

I don't understand what you have against campaigning against someone based on his demonstrated racism or what the fact that people in his district "don't take kindly to protest" has to do with this. With that attitude, Martin Luther King would still be sitting in the Birmingham jail.
walter Bally (vermont)
If you want to know why the officer in the Garner case wasn't indicted, look to the Mayor's office and his obsession with enforcement of collecting taxes. You don't have wonder why the Times leaves this inconvenient fact out of its false narrative. Donovan followed the law.
Matt Guest (Washington, D. C.)
Mr. Donovan gives off the distinct impression that there is something he is hiding from us, as he tries to prettify his candidacy with character endorsements from Bloomberg and Morgenthau and the fact he is not Michael Grimm. The way he brought up the other grand jury decision and then had his team refuse to say anything further on the case because it was a sealed matter seems awfully convenient. As another commenter said, he may be using this election as a means to acquire a platform from which he could challenge the mayor in 2017. Someone should ask him if he would want Rudy Giuliani to campaign for him.
Bob (Edison, New Jersey)
I could see him running in 2017 especially if the House of Representatives becomes more boring with the dysfunction. He'll want to be active in government, so he may run in 2017 for mayor.
George Cornell (Wpb FL)
I went to H.S. with Dan. While I'm a Democrat I would vote for him in a minute. He's always been an honorable and fair human being.
Pat (Westmont, NJ)
Clearly, anything would be an improvement over Mr. Grimm.
michjas (Phoenix)
Coming after Ferguson, the attention surrounding the Garner case was huge. What was a criminal matter took on great political significance. The consensus seemed to be that an indictment here would help ease the anger over the Ferguson decision. I would hope that even those outraged by the Garner outcome would acknowledge that a dismissal was sure to be met with widespread criticism. Maybe it served Donovan's local political interests, maybe he's a racist, maybe he's a professional who puts the law first. But one thing is for sure. He's not a guy to take the easy way out.
Gloria Ross (St. Louis)
They say you can indict a ham sandwich, but Daniel Donovan couldn't secure an indictment of a man whose crime was videotaped. I don't think this qualifies him to serve in Congress.
Neil (Manhattan)
It could be because no crime was committed except of course that Garner involved in illegalities.

"Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity."
Martin Luther King, Jr.
Sam Rosenberg (Brooklyn, New York)
Well that doesn't matter, because every cop in Staten Island is going to get all their friends to vote for him. Apparently the best way to win the NYPD vote is to simply let their officers off the hook for murdering civilians.
James (Albany, NY)
Sort of like how Hillary Clinton could not pass a health plan, even during a period when both her husband was President and Congress had a Democratic majority.
Bob (Edison, New Jersey)
If Daniel Donovan wins, in most likely to be a low-turnout election, it will probably tell you about the people of Staten Island, Bensonhurst, Bay Ridge, Dyker Heights, Gravesend. It's a blue-collar conservative area, and they love Donovan and Giuliani. This district, NY-11 will probably be a tossup in 2016 if Hillary Clinton is the Democratic nominee and if the NY Democratic Party, the National DNC, the SI Democratic Party, the Brooklyn Democratic Party and the DCCC find someone who could give Donovan a challenge. If not, I see Donovan running for NYC mayor in 2017 and could give Mayor De Blasio a challenge.
georgebaldwin (Florida)
Then rogue cops can run wild and choke other black men to death without fear of the consequences.
Alan (Brooklyn)
I live in Bensonhurst, I never liked Giuliani, and would never vote for Donovan. How this place became part of the same district as Staten Island I dont remember, but it is ridiculous. I find it hard to think that the many Asians, Russians, and Arabic people who live here are blue collar conservatives. If this area votes Republican, a good part of it may be that the Democrats never seem to put up a candidate worthy of voting for. It seemed like the last candidates main plus was that he wasnt Grimm. Perhaps they should try harder.
Shelley (NYC)
New York is sick to death of Giuliani and his corrupt, bullying tactics. I seriously doubt we would elect this poor excuse for a prosecutor.
Earl Horton (Harlem,Ny)
At a symposium a couple of years ago on marijuana and criminal justice. Donovan admitted that white kids on Staten Island smoked marijuana at the same rate as black kids but weren't being arrested for it, unlike the black kids.
He then said in the same breath he doesn't think that practice of arresting black kids for the same things white kids aren't arrested for "isn't racist". He didn't believe it was racist; astounding...
Now who would want someone who talked out of both sides of their mouth to represent them in Congress? The same people that voted Michael Grimm back in despite his criminal charges. The people of Staten island....
phil morse (cambridge)
"Now who would want someone who talked out of both sides of their mouth to represent them in Congress?"

Corporate donors...that's who.
J. Galt (NY, NY)
“A Puerto Rican family lived downstairs,” he said. “A black family lived across from us. And downstairs, was the Jewish family. My mother’s Polish, my dad was Irish. I grew up knowing nothing different.”

And that's the problem.