From [HERE] The family of Daniel Prude, 41, who died in March 2020 after an encounter with police in Rochester, New York, say they believe the New York Attorney General Letitia James spent far less time investigating his death than on the probe into New York Governor Andrew Cuomo's sexual harassment [mostly civil] claims. No criminal charges were brought by any NY prosecutor after her investigation.

Rochester Police initially described Prude's death as being from a drug overdose and it went mostly unnoticed. But nightly protests erupted after body camera video was released nearly six months later following pressure from Prude's family.

Attorney General Letitia James, whose office took over the investigation, said her office had 'presented the strongest case possible' to the grand jury, but couldn't persuade it that the officers had committed a crime.

The Prude family are now questioning whether James was as diligent with their case as she was with that of Cuomo for which her office released a 165-page report documenting sexual harassment allegations against him from 11 women. Cuomo has denied improper conduct. 

'What the investigation into Andrew Cuomo shows is that when her office wants to put resources towards conducting a thorough investigation, they know how to do that,' the Prudes' family attorney Elliot Shields told NBC News. 

'If her office had put the same focus and determination into securing an indictment of the police officers who killed Daniel Prude that they did towards bringing down Andrew Cuomo, they would've gotten an indictment.' 

James said she was bound to respect the grand jury's decision with the Prude's case, but she also condemned a system that she said had 'frustrated efforts to hold law enforcement officers accountable for the unjustified killing of African Americans.' 

'I know that the Prude family, the Rochester community and communities across the country will rightfully be disappointed by this outcome,' said James following a grand jury's decision in February.  

'What binds these cases is a tragic loss of life in circumstances in which the death could have been avoided,' said James, who, like the mayor of Rochester and the city's current and former police chiefs, is black.  

James' office has not responded to requests by NBC News for comment about the criticism of her handling of the Prude case. 

James' critics say the blame falls squarely with the case requiring a relatively low burden of proof and making in relatively easy for prosecutors to win indictments.

'The grand jury system is set up so that prosecutors present the evidence they choose to present,' Rebecca J. Kavanagh, a defense lawyer said to NBC. 'A defendant can testify, but that's it. When police don't get indicted for killing people, it is because the prosecutor chose not to present a strong case.' 

The March 23, 2020 video of Prude’s fatal encounter with officers was initially withheld by police in part because of concerns it would inflame street demonstrations occurring nationwide over George Floyd’s death.

Ultimately it was released September 4th and showed officers placing a mesh bag over Prude’s head to stop him from spitting after they detained him for running naked through the streets. 

Prude had been evaluated at a hospital for odd behavior a day earlier, but he wasn’t admitted. His family called police because they were concerned about Prude’s safety after he bolted from the house.

One officer pushed Prude’s face against the ground, while another officer pressed a knee to his back. The officers held him down for about two minutes until he fell unconscious. He was taken off life support a week later.

Officers Troy Taladay, Paul Ricotta, Francisco Santiago, Andrew Specksgoor, Josiah Harris and Mark Vaughn, along with Sgt. Michael Magri, were suspended after Prude’s death became public.    

James' office asked the grand jury to consider charges against only three of the seven officers at the scene. 

The names of those officers were redacted, with grand jury proceedings often remaining secret.

Those officers who testified justified using force because Prude was not following their instructions to stay on the ground. A spit hood was used because of the fear of contracting COVID-19.

Although her office said she had 'presented the strongest case possible,' Prude's relatives continue to believe she failed them.

'These officers now are going to face no criminal liability,' Shields said. 'When they're standing around callously making jokes and laughing while he's sitting there dying, I mean, I can't see how you can watch that video and make the determination that there's no criminal liability. But that's the case her office presented.'

Official police reports detailed how Prude died from a drug overdose however an investigation by the Monroe County medical examiner listed the death as homicide caused by 'complications of asphyxia in the setting of physical restraint' and cited the drug PCP as a contributing factor.

Following her James' failure to get an indictment, she proposed new criminal justice reform legislation in the Police Accountability Act to make it easier to prosecute police officers.

'In New York, our laws have essentially given police blanket defense to use force in interactions with the public, making it exceedingly difficult for prosecutors to go after officers who have abused this power,' James said in May. 'Not only is that gravely unjust, but it has also proven to be incredibly dangerous.'  

For the Prude family, any such law comes too late for Daniel. 

'In theory, additional legislation making sure that police officers don't use excessive force against people is a good thing, but in this case, it was a response to her failure,' Attorney Shields said. 'She blamed the system, but she's the system that failed Daniel Prude.'