Policy on notification of investigative findings

New York Executive Law Section 70-b (Section 70-b) directs the Attorney General’s Office of Special Investigation (OSI) to investigate any incident in which a police officer or a peace officer, as defined, has caused a death, or in which there is a question whether an officer has caused a death. If OSI finds that an officer has caused a death, then, at the conclusion of the investigation, Section 70-b directs OSI to do one of two things: (a) present evidence to a grand jury to seek an indictment, or (b) issue a public report detailing the investigation and its results and explaining why OSI did not present evidence to a grand jury (Investigation Report). OSI must also issue an Investigation Report if it presents evidence to a grand jury and the grand jury does not return an indictment.

The OSI’s investigations vary in length and complexity. When the evidence and legal analysis in a case are clear, the investigation can take less time than in cases where the evidence is unclear and the legal analysis uncertain. When OSI completes an investigation and concludes that charges are not warranted, it closes the case and writes an Investigation Report, which then goes through a review and approval process. When that process is complete, OSI shares its findings with the family of the deceased and the involved law enforcement agency and issues the report with a press release.  

The writing, review, and approval process for Investigation Reports takes time. Moving forward, in cases where the evidence and legal analysis are clear and the investigation is complete, OSI may issue a Notification of Investigative Findings, announcing the conclusion of the investigation. In such cases OSI will issue the final Investigation Report, as required by law, at a later date.

In appropriate cases, issuing a Notification of Investigative Findings will allow OSI to share conclusions with the families of someone who has died as soon as the investigation is complete. The Notifications may also be helpful to the involved officers’ departments or agencies in determining appropriate action.

In order for OSI to issue a Notification of Investigative Findings, a case must meet the following criteria:

• The OSI has completed its investigation, including review of the medical examiner’s report and, where relevant, a ballistics report or crash reconstruction report.
• Based on clear and objective evidence, OSI has concluded that a prosecutor would not be able to prove beyond a reasonable doubt that the involved officer(s) committed a crime or disprove beyond a reasonable doubt that the involved officer(s) were justified under New York law. 
• The OSI has met with the family of the person who died to explain why OSI will not be pursuing charges, present the investigative findings, and provide time for the family to ask questions (or has offered to meet, and the family has declined).

Notifications of Investigative Findings will be issued with a press release and posted on the OAG website. In cases where a Notification of Investigative Findings is not issued, it should not be assumed that OSI is pursuing charges. Investigations in such matters are ongoing until stated otherwise.