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Gwen Carr awaiting judge's decision on lawsuit against NYPD for records related to killing of son Eric Garner

Eric Garner's mom wants full access to police records related to case
Eric Garner's mom wants full access to police records related to case 02:14

NEW YORK -- The mother of Eric Garner was back in court Wednesday, continuing her lengthy quest to find out more from the NYPD about her son's police custody death.

Gwen Carr is demanding full access to police records related to the case CBS2's Dave Carlin reported.

"It has been eight long years, although it seems like yesterday to me because I'm still fighting," Carr said.

Carr musters the strength to return again and again to court, each step carried out for her son, a father of six, who died shortly after being accused of selling loosies, or single cigarettes, outside of a Staten Island store.

"I'm trying to just get clarity, try to get closure on my son's murder," Carr said.

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During the arrest, which was caught on video, Garner said he could not breathe as he was knocked to the ground then held around his head and neck by NYPD Officer Daniel Pantaleo.

"No NYPD officers nor city officials outside of Daniel Pantaleo has been fired or even held accountable," said Danny Kim of the Justice Committee.

The lawsuit was filed on behalf of Carr to get police records and disciplinary documents.

On Wednesday, a State Supreme Court justice did not decide the case. Judgment is reserved until at least the next court date, Nov. 17, when Carr's attorneys say less-redacted versions of records and materials could yield a new witness list.

"When they're so heavily redacted, it is difficult to say they interviewed this person but not that person," said said Carr family attorney Gideon Oliver.

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Carr's legal team calls this not a final win, but an interim one as it pushes the NYPD to share every scrap of paper in the files of this case.

"What happened today is a positive step toward shaking lose more records," Oliver said.

"We want all the cops fired that were involved in my son's death," Carr said. "We need officers who are going to do their job. We do not need the bad apples in the barrel."

A spokesman for the city's law department sent CBS2 the following statement:

"The NYPD has been fully transparent in its response to this FOIL request in accordance with the law.  It has disclosed over 36,000 pages of records and 340 videos and audiotapes. We are reviewing the judge's interim order and will respond accordingly."

Carr said she wants Mayor Eric Adams to help facilitate the firings of other officers in connection with her son's death. There was no immediate response to that request from the mayor. 

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