Protect Kalief’s Law in New York
Kalief Browder was wrongly accused of stealing a back pack. After refusing to take a plea deal, he spent three years in Riker’s solitary confinement. He died by suicide years after his release. (Image: Alicia/Maule Innocence Project)
Call your lawmakers at 516-916-7076 and urge them to protect Kalief’s law.
New Yorkers accused of committing crimes are once again at risk of being “blindfolded.”
Governor Kathy Hochul has included provisions in her FY26 budget proposal to repeal crucial reforms that were passed in 2019 to protect New Yorkers. The 2019 reform changed unjust discovery rules — previously known as the “blindfold law” — which prevented people accused of crimes from accessing critical evidence that any person should expect to have when criminal charges are brought against them. New York’s discovery law was ranked the fourth-worst in the country before this change.
Remember Kalief Browder. Kalief, a Bronx teenager, was accused of stealing a backpack in 2010. He spent three years in Rikers Island awaiting trial, never convicted, because he couldn’t afford bail. During that time, he endured severe physical and psychological abuse. He was repeatedly denied access to crucial evidence that could have exonerated him. Kalief’s tragic suicide after his release is a stark reminder of the devastating consequences of unjust discovery practices. His case became a rallying cry for reform, leading to the 2019 changes that are now under threat.
Why is this reform so critical?
- Fairness and Transparency: Police and prosecutors, who are directly involved in criminal investigations, have an enormous advantage when it comes to accessing evidence in criminal cases. New York’s current discovery law (after being reformed in 2019) ensures that both sides in a legal case have prompt and comprehensive access to evidence.
- Preventing Wrongful Convictions: This access allows people accused of crimes to make informed plea agreements and defend against wrongful convictions. A strong discovery law is fundamental to protecting innocent people.
- Due Process: Protecting transparency and due process through fair discovery laws is essential to keeping our communities safe.
- Kalief’s Legacy: Repealing these reforms would dishonor Kalief Browder’s memory and the hard-won progress made in his name.
- Key Facts:
- The 2019 reforms aimed to eliminate trial by ambush, ensuring both sides have equal access to information.
- These reforms mandated earlier and more comprehensive disclosure of evidence.
- They reduced pressure on defendants to accept plea deals without full knowledge of the evidence.
- The proposed rollbacks would increase delays, and return to the old unfair system.
- The proposed rollbacks would also make it harder for people to prove their innocence.
New York must never put the blindfold back on.
Use the form above to contact your state legislators and urge them to protect Kalief’s Law.
John Grisham: N.Y. discovery rules at issue: Don’t turn back the clock on the reforms