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Hennepin County attorney announces new interim process for disclosing police misconduct [1]
['Deena Winter', 'More From Author', '- January']
Date: 2024-01
Hennepin County Attorney Mary Moriarty announced new steps Wednesday to ensure the office is complying with a legal requirement that prosecutors turn over evidence that’s favorable to defendants, including the disciplinary records of involved police officers.
The Hennepin County Attorney’s Office has been criticized in the past for failing to properly turn over so-called Brady material. The U.S. Supreme Court case ruled in 1963, in a case called Brady v. Maryland, that prosecutors must hand over evidence that’s favorable to the defense. For example, evidence that a police officer has lied in court or has a history of brutalizing citizens.
The Supreme Court also ruled in a 1972 case called Giglio v. United States that if police or prosecutors have information that shows a witness may be untruthful or biased, they must disclose that to the defense.
The Minnesota Department of Human Rights report released in April 2022 said the office, under the leadership of former Hennepin County Attorney Mike Freeman, did not properly turn over Brady/Giglio material. After more than two decades in office and just weeks before voters elected Moriarty, Freeman released a new policy to address Brady issues. But he said he did not have a list of officers with credibility issues, sometimes called a Brady list.
When she was running for the job, Moriarty told KSTP she would create a Brady list. But on Wednesday, she said Freeman’s office did have a database information that must be handed over to defense, but it’s not a “do not call” list like some jurisdictions have.
Moriarty, the former chief public defender in Hennepin County, said she worked with 35 county law enforcement agencies and city attorneys on several new interim measures to ensure the office is disclosing exculpatory evidence.
“While the law gives our office the significant power to prosecute criminal conduct and restrict freedom, the law also imposes on us significant responsibilities to ensure defendants receive fair trials,” Moriarty said during a Wednesday press conference.
Brooklyn Park Police Chief Mark Bruley said he previously did not have confidence that the office was complying with Brady-Giglio requirements, which can in prevent it from losing cases since convictions can be overturned if Brady-Giglio requirements aren’t met.
“This is absolutely the right move,” he said during the press conference. “We need to have fair trials.”
Among the measures:
Establishment of a new division of professional standards responsible for internal training to ensure the office is fulfilling its legal responsibilities in criminal cases.
Creation of a new process to ensure the office is disclosing private Brady/Giglio information to the defense — such as misconduct complaints still in process — but protecting it from dissemination by a court order.
Expansion of categories of conduct that qualify for disclosure under Brady/Giglio, such as violations of excessive force policies.
Creation of an interim process for law enforcement officers while the office continues to work on permanent policies and procedures. The process requires the office to request and review public and non-public disciplinary data for peace officers.
Step-by-step instructions for attorneys to ensure they’re complying with the laws.
Hiring of an attorney, Siara Melius, to ensure compliance.
Creation of a system for tracking judges’ orders related to the credibility of witnesses and ensuring prosecutors know about it.
Moriarty said the interim steps are just the beginning.
“The people of Hennepin County must have confidence in the fairness of the legal system and compliance with Brady/Giglio requirements is an important part of building that confidence,” she said.
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