PROSECUTORIAL DISCLOSURE REGARDING POLICE WITNESS 3 23 17 THE OBLIGATION ?We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.? Brady Mag/Jamal 373 US. 83 (1963). Evidence is ?material? within the meaning of Bragg when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different. United Stars; Baglgx, 473 US. 667 (7985). Pa. Rule OfPIOII'ssional 3.8: ?The H1101: in a ml case Shall . . . nil-.2 make limely tlmiOum I- . the defense - 'I-lei w. hit-1m- ur k?O'x's Hit rim! mad.- to I lh' Iln {{th .ut?llwt. Var fizt' ?ti-inn; ,mtl, in Ilnau r, silwiuwIlu' Lit .nm In [In ppm; mn'p' "aim. plmuwll-n' :1 ..1 im~ tujw-n-Itnlaz?. bx u: :Eu . . FINDING THAT MAY TRIGGER DISCLOSURE OF INFORMATION REGARDING1 AND OR RESTRICTION OF TESTIMONY A POLICE WITNESS a. Untruthfulness; b. Him toward a speci?c class of Ins; c. ln-Lproper use of force; (1. in a Ciw that has been disposed; e. Criminal conviction; or f. Other infommion as determined in the prosecutnr?s discretion. ILL ALLEGATIONS THAT GENERALLY DO NOT TRIGGER DISCLOSURE OF IRMATION REGARDING, OR RESTRICTION OF TESTIMONY BY, A POLICE WITNESS a. Allegation that cannot be substantiated, is not credible, or has been determined to be unfounded; c. Open investigation, unless prosecutor determines there is compelling reason to trigger disclosure and or restriction. IX, FINDING DEFINED a. Formal charging by a prosecutor; b. ?Sustained? ?nding by Police Commissioner following an internal investigation and decision by Police Board of Inquiry; or c. Decision by prosecutor when suf?cient evidence exists, even prior to conclusion of investigation. PROCEDURE FOR DETERMINING IF DISCLOSURE AND OR RESTRICTION IS RE The Disclosure (Coordinating Assistant District .?ittiirtiL-i' zis?SIgni-tl to the Division, will review case in which :1 police employee has been Charged With a crime by a prosecutor and or then: is an allegation of misconduct that may trigger disclosure and or restriction. will not tutu-w the Cast: until after an investigation [he allegation In Elli: litiiIL'L' agency and :1 that the is sustained. I'lowever, in some cases, suf?cient evidence may justify a decision to disclose information before the conclusion of the investigation. An arrest or other charging of a crime by a prosecutor triggers disclosure and or restriction. b. DCADA thoroughly reviews all necessary documentation regarding the alleged misconduct, including any testimony from current or past litigation involving the misconduct. C. IN prepare- a ll: Disclosure Committee: dotzilliiL-nts describing the facts supporting allegatii in and or ?nding ofmisconduct; :in-Jlt'xlng [lie lzm" and :Ipiil} ing it to tarts; recommending what, il'any, Illilltifl?l should be tlistli .le or restritiitm imposed; and lulu-ling int-inunuitlum ?Attorney "Stork Product.? The Disclc mun: ct insist? of the Chit-{of Sta if and the Deputies for Community Engagement, Law, Training 82: Innovation and 'l?rinls. d. The Disclosure Committee meets with, and reviews the memorandum and recommendation of, the DCADA. The Disclosure Committee decides by majority vote if any disclosure should be made and if so, ofwhat material, and or if there be any restriction on the police Witness testifying, or if the issue warrants ?irther review, or if no action should be taken. XL PROCEDURE WHEN DISCLOSURE AND OR RESTRICTION IS TO BE MADE 1 ?(name P11 - q- 1.. ..-., 1 . Witness, and noti?es, via email, Chief of any Unit in which any such cases is being prosecuted. Chief places copy of email in trial ?le, reviews disclosure and or restriction mandate, and determines appropriate action in each case in accord with decision of the Disclosure Committee. c. DCADA obtains list, from search of PARS and of all cases that Were tried and resulted in convictions and for which the sentence has not been completely served, in which the police employee was listed as a potential witness, and where the criminal offense was allegedly committed on or after the initial date of the police employee?s misconduct which is the basis of the arrest or sustained ?nding. DCADA reviews trial ?le and any other information to determine if police employee testified. If so, DCADA sends trial ?le to Chief of PCRA Unit who reviews trial file and determines appropriate action in each case in accord with decision of the Disclosure Committee. d. enters pt tlice tree?s identi?cation information into the Law Enforcement .?tlerr Netti-or}; at. ?the. checks the. name of each possible polite witness in LEAN, Lliltl tunes H1 tile. \t?hether each t?irtssihle polite witness is Hr is not listed in ?04 AMT-15C 11 LEAN-alert given to prosecuting the (use and renewed l?l' ti:.tt lint-t . nu next tin}: l'nr appropriate .tetiun in are: of the Disclosure (it e. cumplles proposed packet that will be submits to Chief of Staff for approval. Once approved, DCADA maintains the packet for disclosure and disseminates as appropriate in each case in accord with the decision of the Disclosure Committee. VII. WHEN A DISCLOSURE AND OR RESTRICTION DECISION IS AND a. )t J.?t mt will as each case in which a police emplt '5 es has hem chat-get! unit crimtml offense. II llu' clue is used by other than ct ttwiction, DCADA .?ILl?t'lNL?x Disclosure Ct the thspusition is Iimi and no interim] police investigation is pending. the may reer t: ll?le Committee that the disclosure and or restriction reuse. The prepares a mum: urandum: referencing the. previous disclosure explaining the curret it s: at tn of the criminal charges and any internal police investigation; recommending that the disclosure and or restriction cease; and labeling the memorandum ?Attorney Work Product.? b. If Police agency noti?es DCADA that a sustained ?nding of misconduct has been reversed, and there is no possible review of that reversal and there is no other reason triggering disclosure and or restriction, the DCADA may recommend to the Disclosure Committee that the disclosure and or restriction cease. The DCADA prepares a memorandum: referencing the previous disclosure memorandum; explaining the current status of the criminal charges and or any internal, ?7?an disclosure and or restriction should cease or continue. If disclosure and or restriction is to cease, DCADA noti?es the chief executive of police agency. Chief executive noti?es the police employee. 3 I. 'd DCABA Khmeves p0hce empioy?e s? 1&en??0a1i0n lmfomiatmn from LEAN eh DCADA {10131563 Chief 0f 3:13? U?it- grasecutmg a; 03.51:: in which the p0lice ?mphiyst: may: I teshf} that :110 disciGSuie obhga?aox: 3:161 01: msmwen f0: pohcs ampieyaae has ceased