Manual Mark Justices The Dead Sheriff

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Island County Sheriff Mark Brown plans retirement

Jury Duty. Site Map. Copyright Notices. Maryland, which said suppression of evidence favorable to the defense violated due process. Mark Harvis, an appellate lawyer in the L. The decision overturned the Court of Appeal ruling that barred the sheriff from giving prosecutors the names of deputies who had committed misconduct, including lying, taking bribes, tampering with evidence, using unreasonable force or engaging in domestic violence. By law, prosecutors are required to disclose to defendants exculpatory evidence, including information that could diminish the credibility of police officers who worked on a case.

But California law has long protected the confidentiality of police personnel records, and law enforcement unions have sought to keep those records private. If the information is potentially exculpatory, the prosecution must disclose it to the defense. Such records can constitute material impeachment evidence. Prosecutors have a constitutional duty to learn of any evidence favorable to the defense and disclose it, the court noted.

California high court backs greater access to police misconduct cases - Los Angeles Times

Brady alerts help provide that reason. The decision noted that the L. Police departments in at least a dozen counties, including San Francisco, Sacramento and Ventura, have had a regular practice of sending prosecutors the names of so-called Brady list officers. The L. Geoffrey S. Sheldon, who represented Los Angeles County in the case, said he believed that most law enforcement agencies in the state kept Brady lists and, until the Court of Appeal ruling, alerted prosecutors when an officer on the list was going to testify.

Although the court did not say whether prosecutors could share alerts with defense lawyers, Sheldon said he believed that would be possible.

A judge would review them privately, disclosing only what was pertinent to the case. But if an officer was placed on a Brady list for racial profiling, and the case at hand had nothing to do with race, the information probably would not be disclosed, he said. He said judges in more liberal counties will likely err on the side of disclosure whereas judges in other counties may be highly protective of police privacy.

He noted there has been a national push for more police transparency, which in California led to the passage of two new laws last year that dramatically altered public access to police records.

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Senate Bill , which went into effect Jan. But the law does not apply to a broader range of misconduct that can put an officer on a Brady list, including domestic abuse, sexual harassment, racial discrimination and bribery. Another bill signed into law last year requires law enforcement departments statewide to make public body-worn camera video and audio recordings of officer shootings and serious uses of force within 45 days, unless doing so would compromise an ongoing investigation.

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