Suffolk bill triggered by CVS stabbing mandates that surveillance video be turned over within 24 hours

A proposed Suffolk County bill prompted by the fatal Christmas Day stabbing of a CVS employee would require certain businesses to provide surveillance footage to police within 24 hours when a felony is committed on the property.

Legis. Jason Richberg (D-West Babylon) sponsored the bill after CVS employee Edeedson "Joshy" Ciné Jr., 23, of West Babylon, was killed during what investigators have said was a robbery attempt.

Shortly after the killing, Suffolk Police Commissioner Kevin Catalina accused the company at a news conference  of hampering the investigation by delaying access to the footage.

Police ultimately arrested John Pilaccio, of Lindenhurst, who is charged with first-degree murder.

Delays in obtaining footage "can result in loss, deletion or degradation of critical evidence," according to the bill, which adds the measure ensures businesses "cooperate promptly with law enforcement investigations involving serious crimes."

"It’s a matter of public safety," Richberg said after the legislature’s Public Safety Committee set a public hearing for Tuesday in Riverhead.

Businesses that fail to comply would be subject to $1,000 fine for the first offense and $2,500 for subsequent offenses, according to the bill.

The requirement would apply to businesses with 10 or more employees that are open to the public and operate security cameras in a fixed physical location, according to the bill.

Businesses would be required to preserve relevant surveillance footage that recorded incidents, suspects, victims or entry and exit points, according to the bill.

The legislation allows for some exemptions, such as if providing footage would violate state or federal law or if there is "valid legal privilege or court order restricting disclosure." And it also outlines "good faith efforts" to comply with the law that could prevent penalties.

Catalina told reporters shortly after the killing that he was "shocked and appalled" by the difficulty faced in accessing the security camera footage, Newsday reported before the arrest.

Amy Thibault, executive vice president of communications for CVS, later told Newsday the company complied with the request and did provide police with initial video when the killing happened and also showed it to them in the store, according to prior reports.

The legislation may not have support of the GOP, which holds an 11-7 majority.

Presiding Officer Anthony Piccirillo (R-Holbrook) told Newsday there's already a legal process through subpoenas for law enforcement to obtain footage.

"While I appreciate the minority leader's legislation, it raises more concerns for me than the problem it's trying to solve," he said, adding he "would welcome having these conversations during the public hearings."

The legislation mirrors a bill introduced in the State Senate by Sen. Monica Martinez (D-Brentwood) earlier this year called the "Edeedson 'Joshy' Ciné Jr. Transparency Act" in memory of the CVS employee. 

The state legislation, which remains in committee, would levy much harsher fines of up to $100,000.

Richberg said in writing the local law he had discussions with police, the  sheriff’s office and an attorney representing the Ciné family.

He said some of the feedback he received suggested an even shorter timeframe than 24 hours, but he said that wasn’t reasonable.

"You got to give them time," he said.

Richberg said the felony barometer makes so it a business wouldn’t be required to turn over video for something like shoplifting.

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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