In late May 2022, ABC15 published their updated Brady List database of law enforcement officers. From the last time this database was updated in 2020, there has been a staggering increase of over 1,800 police officers statewide now on the Brady List for misconduct.
This updated list was not made accessible to the public until only a year ago, so legal counsel had to depend on the offices of the prosecutor to ensure they were in compliance with the requirements of the law.
However, thanks to a new database that was just made available by ABC15, defense counsel may now view the material. In accordance with the Brady rule, the police officers on the list will not have an immediate bearing on each and every investigation. However, this is a crucial line of defense that must be taken into account.
What is the Arizona Brady List, sometimes referred to as the Brady Disclosure?
The Arizona Brady List is a public disclosure of police misconduct and exculpatory evidence. This system was established by HB2114, Arizona’s latest law enacted to ensure the safety of the public. Here, you will learn what it is and why it is important. It also details how a criminal defense lawyer can use the system to defense their clients. If this is the first time you have heard of the Arizona Brady List, you may be curious as to what the list really comprises.
What does that mean for someone who has been charged with a crime? We’ll explain how a Phoenix criminal defense attorney can use this list to assist in defending a client.
The Brady List, also known as the Brady Disclosure, was established by HB2114 and is a a watchlist that contains information about law enforcement officials who have a history of engaging in improper activity. This is the Brady List’s most straightforward explanation.
If the law enforcement official who arrested you has a history of participation in other types of wrongdoing, there is a significant possibility that their testimony cannot be trusted.
The Colburn Hintze Maletta defense team will work with you to develop a defense strategy that will benefit you in your case. They will work relentlessly to uncover any proof of police wrongdoing or other contributing causes. The Arizona Brady list, for example, is one piece of evidence they may utilize.
What is meant by the term “Brady Disclosure”?
The need for making exculpatory evidence public is shown by the rule described above. Without a Brady Disclosure, you, as the defendant, may be deprived of your right to due process. A Brady Disclosure may reveal the existence of several forms of evidence, including the following:
- Evidence supporting the claim that the defendant is not guilty
- A loss in the confidence of law enforcement officials
- Compelling arguments in favor of a sentence reduction
The Background of the Brady Rule, the Arizona Brady List, and the Brady Disclosure
Following the conclusion of the court case Brady v. Maryland, the Brady list, sometimes referred to as the Brady Rule, was compiled. In 1958, a man named John Brady was unjustly arrested and charged with murder for a crime that he did not commit. Even though Charles Boblit admitted his guilt, the court sentenced John Brady to serve time in prison.
The prosecution was concealing evidence from the jury that, if shown, would have demonstrated Brady’s innocence.
A subsequent court case known as Giglio v. the United States, which involved a man called John Giglio, also contributed to the demonstration of the need of this list. The jury had come to the conclusion that Giglio’s due process rights were violated when a witness was given a bargain in exchange for providing misleading evidence.
Following the conclusion of these two court decisions, the Supreme Court came to the ruling that charges may be thrown out if there is insufficient or withheld evidence.
What Information Does the Brady List Provide Defense Attorneys?
Knowing that this rule requires complete disclosure of any police wrongdoing or other exculpatory evidence, you may be curious about the categories of material on the list. The Brady List contains some of the most crucial bits of information found below:
- Records of fabricated police reports
- Proof of altered evidence
- History of lying as a witness under oath
- Evidence of witness intimidation or coercing a witness’s statement
- Cases of police abuse
- Numerous civil complaints
- Racist statements or acts
- Officer employment information
- The current status of any accusations of misbehavior
Your criminal defense attorney in Phoenix will investigate each of these factors in great depth to decide whether or not they will be beneficial to your case.
Information Relating to the Brady Rule in the State of Arizona
Defense attorneys in Phoenix may gain significant benefits from the Brady disclosure list because it prohibits other parties from concealing information. Due to the limited amount of information that is accessible to the public, the state continues to have a problem with erroneous arrests occurring at an elevated rate.
In the state of Arizona, each county is responsible for maintaining its own list. Unfortunately, there isn’t an easily accessible list made for the public except for the article that was published by ABC15.
Now, as of May 2022, there are more than 1,800 police officers on various lists in some jurisdictions. Officers mentioned on the Brady List do have the legal ability to contest their inclusion on the list.
The officer can appear before a county review board that is required to interview the officer and look over the evidence before making a final decision on whether or not to keep them on the list.
How to Navigate the Brady List?
In order to get access to this list, it is in your best interest to speak with a Phoenix trial attorney from Colburn Hintze Maletta. They have the ability to swiftly determine whether or not the government is concealing evidence related to your case, which may be beneficial to your defense.
They can go over your available options during a free consultation with a defense lawyer.
There may also be instances where you are interested in reading the list on your own. Keeping this in mind, you should begin with the one that was produced by ABC15.
What is the Freedom of Information Act?
The Freedom of Information Act is most often referred to as FOIA. This piece of legislation provides that the general public will have access to all public papers stored by a particular government agency.
You or your defense attorney may be able to get access to information included in certain government records with the assistance of the Freedom of Information Act (FOIA), including materials that are relevant to the Brady list.
How the Brady List and the Brady Rule Benefit Criminal Defense Attorneys?
By collaborating with your Phoenix defense attorney, you may increase the likelihood that the Brady List will have a substantial influence on your case. This impact is a reality, and it is particularly true if you are facing an unjust arrest for a crime that you have not committed.
It is possible that a police officer’s past behavior will show that this is not the first time that they have participated in similar behaviors.
Information Regarding Criminal Defense
If you are found guilty of committing any crime and are sent to trial, you will be prosecuted in some fashion. In this particular case, it will either be the victim or the local government.
Your Phoenix defense attorney is entitled to know from the prosecuting attorney whether or not the officer in question is included on the Brady List.
A Look at the Impact of a Testimony
In the majority of cases, the officer will be a witness and will be required to provide testimony. However, the credibility of the police officer’s testimony would suffer if he has a history of dishonest or inappropriate conduct.
Keep in mind that the material on the Brady List includes incidents of dishonesty while testifying in the past.
This lack of an officer’s credibility will aid your defense since law enforcement is the primary source of evidence against the accusation. Your defense counsel may even introduce evidence from the list to demonstrate earlier instances of lying or hiding evidence.
Contact Your Arizona Defense Team at Colburn Maletta Hintze Today
If you believe you have been wrongfully arrested or there has been police misconduct, call Colburn Hintze Maletta at (602) 825-2500.
It’s possible that previous infractions revealed in the Brady List may end up being the key piece of evidence needed to win your case!
Your skilled criminal defense attorney in Phoenix will be able to properly evaluate the material that is discovered on the list, particularly if it includes the arresting officer who is working on your case. They will be able to put that knowledge to use to either show that you are innocent or lessen the sentence that you are given.
The court must always reflect the truth, and you and your Arizona defense attorney must work together to reveal it in whatever manner is feasible.
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