A state District Judge accused the Dallas County District Attorney’s Office of frequently failing to turn over evidence to defense lawyers in accordance with...
State District Judge Amber Givens accused the Dallas County District Attorney’s Office of frequently failing to turn over evidence to defense lawyers in accordance with state law during a hearing Friday.
Givens listed five cases since 2017 which she said were impacted because lawyers discovered late in the adjudication process that area police departments hadn’t turned over all their evidence. She said she scheduled “so many trials” this week but is unable able to proceed on “probably 99% of them because of a discovery issue.”
The motion argued that Givens’ mandate went beyond what the law requires of prosecutors. State law requires prosecutors to turn over to defense lawyers all evidence against a suspect, even if the prosecution doesn’t intend to use it.At the Friday hearing, Givens said she did not intend to require the form from prosecutors and determined their motion was moot. She then proceeded to accuse the office of failing to ensure all police evidence was obtained.
Balido agreed. In that case, Balido had asked police for evidence they did not hand over in a timely manner “for whatever reason,” Givens said.As evidence that the problem is being dealt with, Creuzot pointed to the, a 2021 law named for a Dallas man wrongfully convicted of murder, that requires police agencies to verify they have turned over all evidence at the time they file cases with prosecutors. If police later discover more evidence, they must immediately disclose it, the law mandates.
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