New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.163 - Executive Order No. 163: A Special Prosecutor to Investigate and Prosecute Matters Arising Out of or Relating to the Death of Edson Thevenin

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Constitution of the State of New York obliges
					 the Governor to take care that the laws of New York are faithfully executed;
					 and
WHEREAS, I have solemnly sworn, pursuant to Article 13,
					 Section 1 of the Constitution, to support the Constitution and faithfully
					 discharge the duties of the office of Governor; and
WHEREAS, on April 17, 2016, in Rensselaer County, Edson
					 Thevenin was killed by a law enforcement officer, as defined by subdivision 34
					 of section 1.20 of the Criminal Procedure Law,
					 who was employed by the Troy Police Department (the "Incident"); and
WHEREAS, significant concerns have been raised regarding
					 the investigation into Edson Thevenin's death; and
WHEREAS, the foregoing compels me to conclude that in this
					 case, to ensure full confidence in our system of criminal justice, a special
					 prosecutor should be appointed. Such appointment of a special prosecutor will
					 supersede in all ways the authority and jurisdiction of the Rensselaer County
					 District Attorney to manage, interpret, prosecute or inquire into this matter;
					 and
NOW, THEREFORE I, ANDREW M. CUOMO, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, and particularly by subdivision 2 of section 63  of
					 the Executive Law, hereby authorize the Attorney General (hereinafter, the
					 "special prosecutor") to investigate, and if warranted, prosecute any and all
					 unlawful acts or omissions or alleged unlawful acts or omissions by any person
					 arising out of, relating to, or in any way connected with the Incident and its
					 subsequent investigation, including its grand jury presentation;
FURTHER, regarding any and all unlawful acts or omissions
					 or alleged unlawful acts or omissions identified above, the special prosecutor
					 shall have all of the powers and duties specified in subdivisions 2 and 8 of
					 section 63  of the Executive Law for purposes of this Order, and shall possess
					 and exercise all the prosecutorial powers necessary to investigate, and if
					 warranted prosecute such acts or omissions;
FURTHER, regarding any and all unlawful acts or omissions
					 or alleged unlawful acts or omissions identified above, the special prosecutor
					 shall conduct a full, reasoned, and independent investigation including but not
					 limited to, (i) gathering and analyzing evidence, (ii) conducting interviews,
					 and (iii) reviewing investigative reports, scientific reports, and audio and
					 video recordings;
FURTHER, regarding any and all unlawful acts or omissions
					 or alleged unlawful acts or omissions identified above, the special prosecutor
					 shall, (i) attend in person, a term or terms of the County or Supreme Court to
					 be held in and for the County of Rensselaer, (ii) appear in person before any
					 grand jury drawn for any term(s) of said court, for the purpose of conducting
					 any and all proceedings, examinations, and inquiries, and (iii) bring any and
					 all criminal actions and proceedings which may be had or taken before said
					 grand jury and other grand juries.
This Executive Order shall continue until modified,
					 suspended or terminated by the Governor.
Signed: Andrew M. Cuomo
Dated: February 1, 2017