Rockland County Court Overruled On Victims', Informants' IDs

ROCKLAND COUNTY, NY — Two judges in New York's Appellate Division have overruled Rockland County Court judges who denied orders of protection for witnesses including victims and confidential informants in two current cases.

In People v Christopher Taggart, a case involving correctional staff bringing contraband into the Rockland County Jail, prosecutors said they sought to protect the identities of witnesses from being exposed because of the risk of threats, intimidation, or harassment from members of correctional staff and inmates.

The County Court denied the application, claiming they had failed to show “particularized facts supporting good cause” for a protective order, Rockland District Attorney Thomas Walsh said.

The DA's office appealed, and Justice Paul Wooten of the Appellate Division held that “County Court improvidently exercised its discretion” in summarily denying the District Attorney’s application and ordered attorneys’ eyes only disclosure.

In People v Armando Zayas, the County Court summarily denied the District Attorney’s application to protect the identity of a confidential informant from exposure. The judge effectively ordered immediate disclosure of “all discovery, including, but not limited to audio/video evidence and witness information” pending a suppression hearing.

However, Justice Joseph J. Maltese of the Appellate Division found the “County Court improvidently exercised its discretion” in summarily denying the District Attorney’s application, and ordered attorneys’ eyes only disclosure “until the commencement of the trial.”

"These two appeals were a necessity. My office will fight to the bitter end to protect the identity of witnesses, confidential informants and undercover officers," Walsh said in a statement. "I commend the hard work by Senior Assistant District Attorney Jacob B. Sher for his diligent and meticulous legal work on these appeals.”