2018 - Investigative Summary 7

Investigation of Alleged Failure to Comply with Discovery, Failure to Keep Client Informed, Failure to Competently Represent Client,
Failure to Diligently Represent Client

This investigation — which found reckless professional misconduct — focused on allegations that a Department attorney failed to disclose exculpatory information, which caused his office to move to dismiss the robbery convictions of two defendants.  The component self‑reported the matter.

In connection with a robbery trial, the Department attorney failed to disclose potentially exculpatory grand jury testimony that contradicted an eyewitnesses’ account of the robbers’ flight from the scene as well as the government’s theory that an article of clothing, recovered at the scene of the arrest belonged to one of the robbers. 

During its investigation, OPR learned that the Department attorney’s supervisors specifically directed him to disclose the testimony to the defense prior to the trial, and that the Department attorney did not inform his supervisors of two adverse Brady rulings that occurred during the trial. 

OPR concluded that the Department attorney’s repeated failure to follow his supervisors’ direction to timely disclose exculpatory information comprised a pattern of neglect of his obligation to competently and diligently represent his client, the United States. 

OPR also concluded that by failing to follow his supervisors’ direction to produce exculpatory information to the defense, the Department attorney acted in reckless disregard of his obligations under Brady, Giglio, Department policy, and the applicable rules of professional conduct.