February 17, 2017
Albany, NY

No. 163: A Special Prosecutor to Investigate and Prosecute Matters Arising Out of or Relating to the Death of Edson Thevenin

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No. 163

E X E C U T I V E  O R D E R

A SPECIAL PROSECUTOR TO INVESTIGATE AND PROSECUTE MATTERS ARISING OUT OF OR RELATING TO THE DEATH OF EDSON THEVENIN

 

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.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this first day of February in the year two thousand seventeen.

BY THE GOVERNOR         

Secretary to the Governor

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