Testimony heard by a grand jury that declined to indict a police officer in the chokehold death of Eric Garner will not be released , a judge said Thursday , arguing there was n't a good enough reason to make the secret information public . The New York Civil Liberties and others had asked the court to order Staten Island District Attorney Daniel Donovan to release the grand jury transcript , including the testimony of the officer involved , Daniel Pantaleo , and dozens of witnesses , detailed descriptions of evidence and other documentation . A similar step was voluntarily taken by the prosecutor in Ferguson , Missouri , when a grand jury there refused to indict an officer in the fatal police shooting of 18-year-old Michael Brown . Not important enough ? New York State Justice William Garnett said the parties who brought the lawsuit did not establish a 'compelling and particularized need ' to release it . Both Garner and Brown were black ; the officers involved are white . The deaths sparked nationwide protests about the treatment of communities of color by law enforcement and a debate about the role of race in policing . Civil liberties lawyers had argued that the public needed to reconcile the widely watched video of the arrest with the decision not to indict the officer involved . But State Supreme Court Justice William Garnett wrote that the law required the NYCLU and the other parties who brought the lawsuit to establish a 'compelling and particularized need ' to release the grand jury minutes . 'What would they use the minutes for ? The only answer which the court heard was the possibility of effecting legislative change , ' he wrote . 'That proffered need is purely speculative and does not satisfy the requirements of the law . ' Donovan argued that the disclosure would damage the credibility of prosecutors seeking to assure both grand jurors and witnesses that details of their participation would be kept from public view . Following the grand jury 's decision , Donovan asked for some information to be made public , but it did n't include testimony or exhibits shown to jurors . Caught on camera : Garner , left , died after cops tried to arrest him for illegally selling untaxed cigarettes . The officer who held him in a chokehold , Daniel Pantaleo was not indicted for the death . ' I ca n't breathe ' : The heavyset Garner , who had asthma , is heard on tape gasping , ' I ca n't breathe . ' He later was pronounced dead at a hospital . The judge also agreed with arguments by Donovan 's office that secrecy was needed to assure witnesses that they would not be subjected to public criticism for their cooperation . 'This concern is particularly cogent in 'high publicity cases ' where the witnesses ' truthful and accurate testimony is vital , ' Garnett wrote . 'It is in such notorious cases that witnesses ' cooperation and honesty should be encouraged — not discouraged — for fear of disclosure . ' The proponents claimed Donovan was duplicitous for going to court to ask for a partial disclosure of details like the number of witnesses , only to turn around and argue against the release of more meaningful information like testimony and prosecutors ' instructions to the grand jury . Pantaleo and other officers stopped Garner on July 17 on suspicion of selling loose , untaxed cigarettes . A video shot by an onlooker and widely watched online shows Garner telling the officers to leave him alone and refusing to be handcuffed . Pantaleo responded by wrapping his arm around Garner 's neck in what he said was a sanctioned takedown move and not a banned chokehold . The heavyset Garner , who had asthma , is heard on the tape gasping , ' I ca n't breathe . ' He later was pronounced dead at a hospital . Jonathan Moore , who represents Garner 's family , said they were 'disturbed ' by the ruling . 'We think this grand jury process was deeply flawed , ' he said . 'We think the ability for the public to see what that process was like would have been an important step in understanding what happened here . ' Battle cry : Daily protests broke out nationwide following the decision not to indict Daniel Pantaleo with ' I ca n't breathe ' becoming the demonstrators ' battle cruy . Protesters rallying against a grand jury 's decision not to indict the police officer involved in the death of Eric Garner gather in Foley Square , Thursday , December 4 , 2014 . Police make an arrest as protesters rallying against a grand jury 's decision not to indict the police officer . The demonstrations in New York were largely peaceful and relatively few protesters managed to be arrested .
The New York Civil Liberties and others had asked the court to order Staten Island District Attorney Daniel Pantaleo to release the grand jury transcript . The transcript includes testimony of the officer involved , Daniel Donovan , and dozens of witnesses , descriptions of evidence and other documentation . State Justice William Garnett said the parties who brought the lawsuit did not establish a 'compelling and particularized need ' to release it .