Date of Offense
Statement
NOTICE OF BRADY / GIGLIO DISCLOSURE CANDIDACY
Subject Officer: Chief Ernie Scarber
Classification: Material Exculpatory and Impeachment Evidence (Dishonesty, Official Misconduct, Interference with Investigation)
This notification is maintained in fulfillment of the prosecution's ongoing constitutional obligations under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1202). Investigative findings indicate that Chief Ernie Scarber engaged in acts that constitute official misconduct, a breach of public trust, and a deliberate failure to enforce the law. Specifically, Chief Scarber utilized his official position, authority, and department resources to shield an individual suspected of child sexual exploitation from criminal investigation and public scrutiny.
Consequently, the reliability, integrity, and credibility of Chief Scarber as a law enforcement witness are severely compromised.
An internal investigation and independent review established that during his tenure as Chief, the subject officer became aware of credible allegations, active complaints, or ongoing investigations concerning an individual suspected of committing sexual offenses against minors within the jurisdiction.
Rather than executing the mandatory duties of his office, Chief Scarber actively intervened to obstruct the standard investigative process. The documented misconduct includes, but is not limited to:
- Suppression of Evidence: Directing subordinates to alter, withhold, or fail to log formal complaints, witness statements, and investigative leads regarding the suspect.
- Interference with Outside Agencies: Misrepresenting the status or severity of local files to deter intervention by state or federal child exploitation task forces.
- Active Concealment: Providing the suspect with non-public information regarding community scrutiny, potential legal actions, or internal department inquiries, thereby allowing the suspect to evade detection or tamper with evidence.
- Intimidation of Personnel: Utilizing administrative authority to discourage department personnel from pursuing investigations into the suspect or reporting the matter to external oversight bodies.
Chief Scarber's actions directly impeded the administration of justice and prolonged the exposure of vulnerable individuals to potential harm.
Chief Scarber's deliberate shielding of a criminal suspect demonstrates a willingness to subvert the law and falsify or suppress material facts. This pattern of behavior is directly relevant to his character for truthfulness, honesty, and objectivity.
In any criminal proceeding where Chief Scarber is a trailing or essential witness, his involvement in suppressing a felony investigation introduces significant bias and a profound defect in credibility. Defense counsel is entitled to this information to cross-examine the officer regarding his truthfulness and adherence to statutory mandates.
Based on the sustained findings of administrative and investigative misconduct, Chief Ernie Scarber is permanently placed on the agency’s Brady/Giglio disclosure roster. All future case submissions relying on the testimony, reports, or sworn statements of Chief Scarber must include this narrative as a mandatory disclosure packet to the defense.
https://www.redhillsmsnews.com/eupora-board-aldermen-accepts-police-chiefs-resignation
The US Citizen Reporters are a group of public and private defense advocates that scour the internet for documented incidents of police misconduct that have eluded accountability.
