Prosecutor Misconduct No. 1719265408 - 54947910

Jose Rodriguez
2610 14th Street
Columbus, Nebraska 68601

Date of Offense

June 29, 2023

Reporting Authority

This complaint has been forwarded to the Nebraska State Bar Association

Statement

I was accused by my employer of theft and forgery. I was convicted of theft and forgery on June 29, 2023. Throughout the entire case I kept requesting the laptop that I used at work, but I was never given it. I needed the laptop to be able to access websites, notes, emails, etc that would help me prove and find more invoices. I also was asking for invoices from 2018 and 2022. Was told that they did not exist, even though I was heard discussing and showing the police invoices from 2022 in a recording, and my employer produced some 2022 invoices. I also believe that the evidence, the laptop, was tampered with. Using my own personal laptop- at home- I was able to find over $25000 worth of invoices. I was able to access them using the passwords I created at work. When my employer took the laptop to Mr. Rodriguez, they located some of the websites that I was in. They told my attorney that the purchase history of the same sites I was in stated "no purchase history". When I tried to go back into the same website that I was able to provide invoices from, the username and password I used, were no longer valid. I printed that out and gave to my attorney. ** I am providing you with the emails that I have on me. If more information is needed, please let me know. I have everything saved on a USB, or still have the hard copy.***

Definition of Offense(s)

Destruction of evidence refers to a situation in which a prosecutor intentionally or recklessly destroys or conceals evidence that is material to the outcome of a criminal case.


Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.