One of the ways that public service agencies measure their performance is through the trust that the community places upon them. With this in mind, every government employee is held to a standard that requires they be credible sources of information. Brady and Giglio standards are in place to ensure the credibility of police officers and other government employees when requested to testify in court.
Richard Hodsdon is back to provide an overview, history, application and other tips surrounding Brady Giglio concerns. One of Justice Clearinghouse’s sought-after legal experts, Rick has been working in the field for more than 40 years dealing with both civil and criminal matters in the field of law enforcement, criminal justice, and employment law. He’s trained thousands on civil and criminal litigation, and personnel issues and is currently an Assistant County Attorney for Stillwater, Minnesota.
Points Rick unpacked on this course include:
- A chronological look into the foundational case laws and the additional elements that each incorporate into the Brady/Giglio concept.
- Brady v. Maryland as the precursor that established the minimum constitutional standards.
- Giglio v. United States that clarified the definition of exculpatory material and the individuals that are subject to Brady/Giglio disclosure.
- United States v. Argurs that stipulated that Brady material disclosure must be done proactively.
- Kyles v. Whitley that placed liability on the prosecutor to have knowledge of all Brady material.
- Determining which details must be included as and are considered Brady material.
- The different process implementation models on how law enforcement agencies, prosecutors, and even the defense ensure that a Brady list is maintained and updated.
- The different categories that must be considered and reviewed as potential Brady material.
- The burden placed on to the agency, the individual officer and the prosecutor in ensuring all pertinent information must be disclosed as part of Brady/Giglio obligation.
- How agencies typically respond to and address their ‘Brady/Giglio cops’.
- The court’s process from disclosure to decision on employee witnesses with Brady/Giglio material.
- Issues that the agency, officers, and the prosecutors are likely to encounter when dealing with Brady/Giglio concerns.
- Documentation and database maintenance that may require a dedicated staff.
- Reviewing Brady appeals and how to be off the list.
- Due process and technicalities about misconduct that did not result in discipline.
- Prosecutors working with witnesses from different agencies that may have different processes on Brady/Giglio obligation.
- The relationship between state law and Brady/Giglio obligations and how it impacts the hiring of Brady cops from other jurisdictions.
- Questions raised by the webinar participants were about:
- The applicability of Giglio disclosure in federal civil lawsuits.
- The impact of an officer resigning before the trial to the case outcomes.
- The advantages and caveats of having both the agency and prosecutor maintain a Brady list.
- The importance of providing Brady material to the defense even if the case isn’t going to trial.
- Model Brady disclosure policy for law enforcement agencies.
- Intricacies that come with terminating an employee based on Brady/Giglio issues.
- How time instead of distance is a more likely grounds for removal from a Brady list.
- The impact of collective bargaining agreement to the disciplinary process.
- “Very informative webinar on a subject that I was not very familiar with. Thank you!” — Roseann
- “Overwhelming information. It gives you a lot to think about. Great presentation – enjoyed it very much.” — Carrie
- “Mr. Hodsdon was very knowledgeable and relayed the information in a relaxed, easy to understand manner. He mentioned some case law I had never been aware of before.” — Darrell
- “How the definition of disclosure material has changed through the subsequent Supreme Court Decisions to where the word “Brady” on a witness’ record can render them virtually unemployable in a law enforcement capacity. This seems like a big negative but can have an effect of creating a new era of enhanced integrity in the law enforcement community never seen before. If the truth sets your free, then “lying is truly dying.” — John
- “There were some very thought-provoking questions raised!” — Liddie