District attorneys are continuing to push back against an executive order that designates Attorney General Eric Schneiderman the special prosecutor in cases in which police kill civilians.

At the same time, Schneiderman in a letter to the president of the District Attorneys Association wrote this week that some members have sought to “create uncertainty where none is warranted.”

Gov. Andrew Cuomo last week signed an executive order granting Schneiderman’s office special prosecutor status in police killing cases. The move was opposed by district attorneys, who criticized Cuomo’s claims that DAs have a “perceived” conflict in cases involving law enforcement.

Schneiderman, in turn, released a memorandum to the state’s 62 district attorneys lays out their role in cases in which police have killed a civilian.

The attorney general’s office, in sum, granted powers that were previously possessed by district attorneys such as questioning witnesses, drafting search warrants and preserving evidence.

However, the district attorney offices may not confer immunity on witnesses or elicit testimony in grand jury proceedings.

District attorneys have bristled at the memorandum, questioning why Schneiderman is, in essence, bestowing power to them they had prior to the executive order.

In a letter released by the district attorneys association, Broome County DA Gerald Mollen suggested Schneiderman’s memorandum and the executive order were in conflict.

“Beyond substantial legal concerns,” Mollen wrote in the letter dated Thursday, “remains the obvious logical inconsistency of superseding all 62 elected District Attorneys due to a perceived conflict of interest and loss of confidence, only to immediately designate them to perform crucial tasks at the most critical time in the investigation of one of these controversial incidents.”

Schneiderman’s office in response released its own letter that was sent on Wednesday in response to concerns raised by DAs.

The letter points out the then-Gov. Nelson Rockefeller in 1972 suspended the powers of DAs in New York City for certain corruption crimes over the course of five days — a move recommended by the Knapp Commission, which was upheld by the state Court of Appeals.

At the same time, Schneiderman wrote there is no legal restriction on DAs taking action begin an investigation in the wake of an incident in which a police officer kills a civilian.

If the DA fails to take action in the case it will be “because of the choice by the District Attorney not to take appropriate actions.”

Schneiderman’s office in a statement said the attorney general will continue to work with local district attorneys to enact the executive order.

“As we have consistently said, the Attorney General is working in good faith to cooperate with the District Attorneys to ensure the Executive Order is implemented in a way that promotes justice by ensuring a thorough and impartial review of any cases that arise,” said Schneiderman spokesman Damien LaVera.

Cuomo signed the executive order this month after state lawmakers could not agree on a package of criminal justice reforms that had been called for after a spate of incidents in which police had killed unarmed black men.

Speaking at a gathering of the NAACP this week, Cuomo said the executive order empowering Schneiderman as special prosecutor could be a national model.

DAASNY Mollen to AG Schneiderman 7 16 2015 FINAL .pdf by Nick Reisman

Schneiderman Mollen 071515 by Nick Reisman