New York State Office of the Special Prosecutor for Investigation of the Tawana Brawley Case Investigation Records

Alphabetical or numerical by subject; unarranged.

On January 4, 1988, an additional Dutchess County Court grand jury was empaneled to hear evidence in a criminal investigation of the alleged abduction and rape of Tawana Brawley in November 1987. The court concluded that both the district attorney and a local special prosecutor had official conflicts of interest. The court then applied to Governor Mario M. Cuomo for appointment of a special prosecutor pursuant to Executive Law sect. 63.2. Attorney General Robert Abrams was appointed the special prosecutor by Executive Order 106, dated January 26, 1988. Staff attorneys of the Department of Law were assigned to investigate Brawley's allegations, the ensuing investigation, and related matters, including a serious "leak" of confidential information to the New York Times and the proposed discipline of Brawley's attorneys for professional misconduct. Numerous witnesses subsequently testified before the Dutchess County additional grand jury, whose proceedings were secret. The grand jury issued a final, public report in October 1988, pursuant to Criminal Procedure Law sect. 190.85(1)(c). The 89-page main report contained a detailed review of the evidence and a full rejection of Brawley's allegations. Supplementary documents included legislative recommendations by the grand jury and the attorney general; and a letter from the attorney general proposing disciplinary proceedings against Brawley's attorneys.

The scope and findings of the investigation are summarized in the grand jury's public report. The investigation concerned events surrounding the disappearance and discovery of Tawana Brawley; her allegations of what was done to her; evidence as to her whereabouts; evidence of her physical appearance; evidence of her medical and psychiatric condition; evidence as to a possible sexual assault; and allegations concerning Assistant District Attorney Steven Pagones and others.

Restricted by Executive Law section 63.8, Civil Rights Law sect. 73.8, and Freedom of Information Law section 87.2(a), (b), (c), (e), and (g). Statutes restricting access to certain materials pursuant to Freedom of Information Law section 87.2(a) are Penal Law section 215.70 (grand jury testimony); Civil Practice Law and Rules section 3101(b) (confidential attorney-client communications); and Criminal Procedure Law section 240.10(2) (confidential attorney work product or material prepared for litigation).