A push for answers on how a New York City police officer avoided criminal charges in the videotaped chokehold death of Eric Garner has stalled because it does not protect grand jury secrecy. New York State Supreme Court Justice William Garnett ruled on Thursday that the grand jury record would remain under seal. He rejected arguments by the New York Civil Liberties Union and others that the public had a right to know why jurors refused to indict the officer in spite of the video. He wrote that the law required the plaintiffs to establish a 'compelling and particularized need' to release the grand jury minutes. Testimony from the grand jury than did not indict the police officer involved in the death of Eric Garner (right, with family) will remain sealed after a decision from New York State Supreme Court Justice William Garnett . Mr Garner was seen saying 'I can't breathe' after being taken to a ground by a policeman on New York's Staten Island borough . The Staten Island judge's ruling cited a handful of rare instances where New York courts authorized disclosure, but only to specific parties for specific reasons — not out of the public interest. For example, a 2012 appeals court ruling authorized release of bank records from a grand jury proceeding to someone seeking a civil judgment against the United Arab Emirates. Another ruling in 1978 turned over witness statements to state police for disciplinary proceedings. A 2001 decision even gave the son of a defendant in a decades-old murder case access to grand jury minutes to use for a movie script. At a hearing in February, Garnett had asked over and over how the Garner grand jury minutes would be used. 'The only answer which the court heard was the possibility of effecting legislative change,' he wrote. However, he said that hopes of legal efforts to combat police brutality or 'journalistic curiousity' were not strong enough to unseal the documents. 'That proffered need is purely speculative and does not satisfy the requirements of the law.' The death of Mr Garner (left poster) and Michael Brown (right poster) and the subsequent non-indictment  of the police officers involved in their deaths sparked a series of protests. Justice Garnett wrote that none of the plaintiffs seeking to unveil the grand jury testimony showed a 'compelling and particularized need' for the information . The effort to make the Garner grand jury record public had been considered a longshot. But the decision comes amid an ongoing debate over whether the laws need revisions promoting more transparency, particularly when it involves police shootings. By preserving secrecy in the Garner case, the court 'has reinforced the distrust many New Yorkers already feel toward the performance of the criminal justice system in this case,' said NYCLU legal director Arthur Eisenberg. Officer Daniel Pantaleo and other officers had stopped Mr Garner on suspicion of selling loose, untaxed cigarettes last July. A video shot by an onlooker shows Mr Garner telling the officers to leave him alone and refusing to be handcuffed. Pantaleo responded by wrapping his arm around Mr 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 can't breathe.' He loses consciousness and died at a hospital. The NYCLU and others had asked the court to order Staten Island District Attorney Daniel Donovan to release the grand jury transcript, including the testimony of Pantaleo, and dozens of witnesses, detailed descriptions of evidence and other documentation. A lawyer for Mr Garner's family said that the secrecy of grand juries was an 'anachronism.' Above, his daughter Erica leads a demonstration in September, when the grand jury decision was announced . 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. Both Mr Garner and Mr 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. 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. The judge agreed that the argument '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.' 'If every newsworthy case were deemed compelling and, thus justified disclosure, the veil of grand jury secrecy would be lifted and every citizen's right to have fellow citizens, sitting on a grand jury, check the power of the police and the prosecutor without pressure from outside influences — real or perceived — would be imperiled,' the justice said. Justice Garnett said that secrecy is especially vital in 'high publicity cases'. Above, a memorial to Mr Garner on Staten Island . The decision by the Staten Island grand jurors, he added, 'was theirs alone, after having heard all of the evidence, having been instructed on law and having deliberated. 'Their collective decision should not be impeached by the unbridled speculation that the integrity of this grand jury was impaired in any way.' Jonathan Moore, who represents Garner's family, called the ruling misguided. 'We think this grand jury process was deeply flawed,' he said. 'Secret grand juries are an anachronism,' he added, according to the New York Times. 'The judge has essentially sanctioned the use of a secret trial for a very public matter. If this was a normal grand jury process, they would have had an indictment in five minutes,' he said. Mr Donovan said Thursday his office would respect 'and will adhere to Judge Garnett's well-reasoned decision.' The parties, which also include the Legal Aid Society, the New York City Public Advocate's office, New York Post and the NAACP, are appealing. Parties in the case are appealing the decision of Justice Garnett, though the application itself was considered a longshot .
New York justice said request didn't show 'particularized need' for info . Testimony had previously been given to help someone with movie script . Prosecutor in Ferguson police shooting unveiled testimony voluntarily . Death of Garner in July and grand jury's non-indictment sparked protests .