2021 Investigative Summary 7

ALLEGATIONS OF FAILURE TO COMPLY WITH DISCOVERY OBLIGATIONS AND DEPARTMENT POLICIES GOVERNING DISCLOSURE OF EXCULPATORY AND IMPEACHMENT INFORMATION

A U.S. Attorney’s Office notified OPR of a judicial opinion granting in part the defendant’s motion for a new trial on grounds that the government failed to disclose to the defense material exculpatory and impeachment evidence in violation of the government’s obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963).  The court found that the government failed to disclose a law enforcement memorandum memorializing an interview of a government witness that corroborated the defense’s theory of the case, called into question the victim’s credibility on a material issue, and, as to some charges, was exculpatory.  

As part of its investigation, OPR examined whether prosecutors engaged in professional misconduct by failing to fulfill their disclosure obligations under Brady, applicable rules of professional conduct, or Department policy.  After conducting a thorough investigation, OPR concluded that although the undisclosed witness statements should have been but were not disclosed to the defense prior to trial, the prosecutors did not act intentionally or in reckless disregard of their disclosure obligations under Brady or Department policy.  Rather, OPR concluded that the prosecutors’ failure to timely disclose the statements primarily resulted from an unanticipated failure in the prosecution team’s law enforcement record-keeping process for meeting the government’s disclosure obligations to the defense.  OPR also did not find preponderant evidence that prosecutors violated applicable rules of professional conduct.