Request #16-239
  Closed

Dear: Bainbridge Island Police Department

 I am writing on behalf of the Washington Association of Criminal Defense Lawyers to request copies of the following public records pursuant to the Washington Public Records Act, RCW 42.56. For the purposes of this request written material includes any records whether in electronic or hard copy form of any other format. The term “Brady” refers to the United States Supreme Court case, Brady v. Maryland, which requires prosecutors and police officers to disclose evidence that impeaches the credibility of any state witness, including police officers. Examples of impeachment evidence include false testimony, misrepresentations made in court documents, false police reports and internal police disciplinary proceedings.

 WACDL requests the following documents:

 Any “Brady list” kept and maintained by your office. This includes any documents, memorandum, or correspondence containing a list of government employees (law enforcement, crime lab, and others) identified as “Brady”  WACDL specifically requests the name of the government employee, position held, department, date of discipline or incident causing need for Brady disclosure, and the sanction or discipline imposed.

  1. Any documents indicating whether your office has a specific committee or work group tasked with collecting and maintaining Brady material. If so, WACDL requests the names of those on the committee or work group. 
  2. Any and all policy and procedures on how your office is complying with the disclosure obligations set forth in ­­ and progeny.[1]
  3. Any and all Brady disclosures to defense counsel in 2015.

 This request is only for those pages that contain the information described above, not for copies of the department’s entire policy manual or code of conduct/ethics, unless such copies can be provided at no cost. These materials may be provided in electronic or paper format. Please respond with the total cost for the pages requested, if any.

 In accordance with the provisions of the Washington Public Records Act, we look forward to your timely response to this request. The preferred method of response is via the e-mail address listed below.

 Thank you in advance for your assistance.

Brady v. Maryland requires the State to reveal any information it actually or constructively possess and which information is favorable to a defendant, 373 U.S. 83, 87 (1963).  Although the Brady rule often is phrased in terms of information “known to the prosecution,” the prosecution’s “knowledge” for this purpose clearly extends beyond the personal knowledge of the prosecuting attorney representing the State at trial.  Giglio v. United States, 405 U.S. 150, 154 (1972).  “The individual prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf in the case, including the police.”  Kyles v. Whitley, 514 U.S. 419, 437 (1995). A prosecutor must resolve doubts regarding disclosure in favor of sharing the evidence with the defense. Id

 

 

  • Brady v. Maryland requires the State to reveal any information it actually or constructively possess and which information is favorable to a defendant, 373 U.S. 83, 87 (1963). Although the Brady rule often is phrased in terms of information “known to the prosecution,” the prosecution’s “knowledge” for this purpose clearly extends beyond the personal knowledge of the prosecuting attorney representing the State at trial.  Giglio v. United States, 405 U.S. 150, 154 (1972).  “The individual prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf in the case, including the police.”  Kyles v. Whitley, 514 U.S. 419, 437 (1995). A prosecutor must resolve doubts regarding disclosure in favor of sharing the evidence with the defense.  
  • #2

Received

August 26, 2016 via email


Departments

Police


Requester

Alea Carr


Invoices

Documents

Public

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Staff

Point of Contact

Senior Police Clerk

Request Closed   Hide Public

The City has released the records responsive to your request.

I am now closing your request.  Please let me know if you feel I have not provided a complete response, or if I have misinterpreted your request in any way.

Best regards,

Christine Brown
Public Records Officer/Paralegal
206.780.8618

 

September 1, 2016, 4:30pm
Document(s) Released Public
Policy 604 Brady_Material_Disclosure.pdf
September 1, 2016, 4:29pm
Department Assignment Public
Police
August 30, 2016, 1:08pm
Request Opened Public
Request received via email
August 30, 2016, 1:08pm