California justices hear arguments on whether L.A.'s sheriff may share with the district attorney the names of deputies on the so-called Brady list.
The California Supreme Court heard arguments Wednesday in a case that will decide whether law enforcement officials may give to prosecutors the names of deputies and officers who have committed misconduct. Above, L.A. sheriff's deputies stand at their graduation ceremony in 2017.
Several justices suggested Wednesday that prosecutors need the information to fulfill their constitutional duty to disclose potentially exonerating information.Justice Goodwin Liu noted that prosecutors ultimately bear liability for failing to disclose favorable evidence. Justice Ming W. Chin also repeatedly asked whether that path, if carved out by the Legislature or by the court in a future case, could resolve the problem.
That duty stems from a landmark 1963 U.S. Supreme Court case, Brady v. Maryland, which said suppression of evidence favorable to the defense violated due process. He called the case “very challenging,” but also noted that “the Brady responsibility is on the state.”“You are saying as long as we can bar the door and keep the law enforcement agency from sharing that with the prosecution, then there is no Brady violation?” he asked the lawyer for the union.
But without knowing an officer’s history, a defense lawyer may not be able to persuade the judge to undertake a review.Justice Leondra R. Kruger asked if there were legal safeguards that could be imposed to protect officer privacy after the names were disclosed to prosecutors.
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