Lawsuit Alleges D.A. Abelove Disregarded Attorney General Jurisdiction Under Executive Order No. 147
Schneiderman Suit Seeks To Prohibit D.A Abelove From Exercising Jurisdiction To Investigate Or Prosecute April 17th Death Of Edson Thevenin And To Require The D.A. To Surrender His Case File
Schneiderman: As We’ve Alleged Today, The District Attorney’s Actions Undermine Public Confidence In Our Criminal Justice System
ALBANY—Attorney General Eric T. Schneiderman announced today that he filed a suit to compel Rensselaer District Attorney Joel Abelove to comply with the Executive Order governing cases in which unarmed civilians are killed in interactions with police. The order specifically includes cases where, in the Attorney General’s opinion, there is a significant question as to whether the deceased person was armed and dangerous. The Attorney General’s suit seeks to bar D.A. Abelove from exercising jurisdiction to investigate the circumstances that led to the death of Edson Thevenin during an encounter with Troy police on April 17th, and to require the D.A. to surrender his case file.
On Sunday, April 17, Edson Thevenin was shot and killed by a Troy police officer. That day, representatives from the Attorney General’s office visited the scene of the incident and informed D.A. Abelove that more information was needed to determine whether the shooting did or did not fall within the Attorney General’s jurisdiction. The next day, D.A. Abelove publicly contradicted that message in an inaccurate statement to the Albany Times Union, saying, “it was relayed to me…that the attorney general…is not going to be claiming jurisdiction in this case.” In a subsequent conversation, D.A. Abelove assured the Attorney General’s office that he had been misquoted.
On April 19th, the Attorney General’s Special Investigations and Prosecutions Unit, consistent with its authority under the executive order and the designation provided by the Attorney General’s office to district attorneys on July 13, 2015, formally requested information from D.A. Abelove in order to determine whether the decedent was armed and dangerous. On Friday, April 22, with no prior notice to the Attorney General’s office that a grand jury had been convened or that he was contesting the Attorney General’s jurisdiction, D.A. Abelove announced that he had presented the case to a grand jury and that the grand jury had declined to indict the officer involved in the shooting. The lawsuit accuses the D.A. of directly violating Governor Cuomo’s Executive Order.
Attorney General Schneiderman said: “The Governor’s Executive Order was designed to restore public confidence in our criminal justice system. My office has worked collaboratively with district attorneys across the state in pursuit of that goal, conducting fair, comprehensive, and independent investigations in every case within our jurisdiction. Unfortunately, as we’ve alleged today, District Attorney Abelove’s actions not only violate the law, but directly undermine the public's confidence in law enforcement, making the jobs of police officers and district attorneys throughout the state more difficult."
In December 2014, Attorney General Schneiderman and New York leaders requested that New York State appoint the Attorney General as a special prosecutor in all cases where an unarmed civilian dies during a police encounter. On July 8th, 2015, Governor Cuomo issued Executive Order No. 147, appointing the Attorney General as the special prosecutor in such cases. Shortly thereafter, Attorney General Schneiderman formed a new Special Investigations and Prosecutions Unit (SIPU) for such cases. On July 13th, Attorney General Schneiderman issued a designation letter, outlining protocols and procedures for law enforcement in the hours and days following an incident that may invoke the special prosecutor’s jurisdiction under the executive order.
Since that point, SIPU has operated with cooperation and professionalism from New York State’s district attorneys, visiting crime scenes, and obtaining information from local prosecutors immediately after incidents that might fall within the jurisdiction of the Executive Order.
Specifically, the Governor’s Executive Order provides that the Attorney General “may...investigate and prosecute...where, in his opinion, there is a significant question as to whether the civilian was armed and dangerous at the time of his or her death.” The Attorney General’s attempt to determine whether the April 17th incident falls within these boundaries was entirely justified and required by law.
This is the first time a District Attorney has attempted to exercise jurisdiction over a case in violation of the express terms of the Executive Order.