The title of this post is the headline of a USA Today report on federal prosecutors' written discovery guidelines implemented after high profile Brady violations several years ago. They got written policies under the Freedom of Information Act from many federal districts, including all of them in Texas:
Notice how the SDTX claimed these policies were "work product" and they were against an open file policy. They also emphasize that a "request" starts the ball rolling even though Kyle requires items to be turned over with or without a request. Gamesmanship is promoted by suggesting how late materials can be turned over instead of adopting a policy of turning over materials as soon as practicable. Embarrassing documents. No wonder they resisted turning them over under the FOIA.
ReplyDeleteTalking about prosecutors, the DA here in Hidalgo County, I suppose I can consider him a friend(?)(though I disagree with some of his practices), his office does not maintain a Brady list. I made a request for it, and one of his Assistant DA's said they don't maintain one. I'm preparing my reply, but I guess I'm stress the importance of such a list when I go to his office again this month.
ReplyDelete