Buffalo Ledger

Senator Patrick M. Gallivan, representing Elma, and his colleagues from the Senate Minority Conference are pressing for significant changes to the discovery law to be included in the upcoming state budget. The call stems from concerns that current laws hinder the criminal justice process and impede the ability of law enforcement and prosecutors to protect communities effectively.

Revisions to the state's discovery law, enacted in 2019, have resulted in prosecution delays and, in some cases, dismissals due to technicalities. Senator Gallivan expressed concerns about these reforms, stating, “Like so many other changes made to our criminal justice system in recent years, discovery reform went too far, prioritizing criminals over law-abiding citizens and crime victims.” He insists on amending the laws to empower law enforcement and prosecutors in holding wrongdoers accountable.

Supporting this call, Erie County District Attorney Michael J. Keane, along with other state DAs, seeks "common sense modifications" to the law. Keane highlighted the need for judges to evaluate whether discovery violations have impacted criminal defendants' rights, emphasizing that current laws sometimes deprive victims of justice. He stated, “A dismissed case or a reduced plea based on a discovery-related technicality and unrelated to the merits of the case robs victims of justice and allows criminals to escape accountability.”

Despite these concerns, the Senate and Assembly One House Budgets recently passed without incorporating proposed changes to discovery laws from the Governor's Executive Budget. The deadline for finalizing the new budget is April 1. As discussions intensify between the Governor’s office and Legislative leaders, the inclusion of discovery law modifications remains uncertain.