2019 Investigative Summary 6

Investigation of Alleged FAILURE TO PROVIDE DISCOVERY;
FALSE TESTIMONY

OPR investigated a court’s mid-trial ruling that the government failed to timely produce discovery material and defense allegations that the government failed to timely produce agent interview reports concerning a critical government witness and evidence attached to those reports.  OPR also investigated defense allegations that a government witness has testified falsely. 

After its investigation, OPR concluded that the Department attorney assigned as the lead prosecutor had failed to timely produce discoverable material in violation of the government’s discovery obligations and a court order governing the timing of discovery.  However, OPR concluded that the Department attorney’s failure to timely provide certain discovery material resulted from her inexperience conducting criminal discovery and analytical errors in her attempts to comply with discovery rules, which evidenced poor judgment rather than professional misconduct.  Furthermore, OPR determined that the information contained in some of the belatedly produced materials was duplicative of information the government had timely provided.  With respect to the conduct of another Department attorney who was co-counsel during the trial, OPR concluded that given her limited involvement in the production of discovery to the defense, she did not commit professional misconduct or exercise poor judgment.  Finally, OPR concluded that neither attorney knowingly offered false testimony.