Any prosecutor that fails, or refuses, to fully disclose all Brady/Giglio material (exculpatory and impeachment evidence including, but not limited to: records of police misconduct; public complaints; and, use-of-force reports) is subject to Rules of Professional Conduct [R.P.C.] 3.8(g): Special Responsibilities of the Prosecutor. Violation of R.P.C. 3.8(g) may included an individual attorney, while acting in the capacity of prosecutor, being sanctioned up to and including disbarment. The obligations upon the prosecutor are both retroactive and perpetual.
August 26, 2022
|Attorney Misconduct, Cooperative Misconduct, Destruction of Evidence, Failure to Disclose Brady/Giglio Material, Obstruction of Justice, Whistleblower Retaliation, Witness Tampering|
The New York Freedom of Information Law is a series of laws designed to guarantee that the public has access to public records of governmental bodies in New York. New York’s first such law was passed in 1974 but that law was repealed and replaced in 1977 with a significantly changed law. Important amendments were then made to the law in 1982, 2005, and 2008. A record is defined as any information kept, held, filed, produced, or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever. Documents are still covered by the act if a promise of confidentiality has been given, if they are in temporary possession of someone else, or if they originated outside the government but have come into possession of the government.
Anyone can request records in New York. A statement of purpose is usually not required but several New York courts have considered the requestor’s motives to be relevant where the motive of the document requestor was to obtain documents relative to pending litigation. The New York Freedom of Information Law also allows agencies to deny requests for lists if the lists that would be obtained would be used for commercial or fundraising purposes. However, there are no restrictions on how public records may be used, once they have been obtained. Allow five days for a response to a public records request.
Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly.- William O. Douglas, Associate Justice (1939 - 1975)Supreme Court of the United States
We the People have a Right to Know according to the Supreme Court of the United States [SCOTUS], past Presidents (of both major political parties), Congress, and the United States Department of Justice. As an expression of that Right to Know, we have coordinated valuable information from a number of resources into a single, public-facing, searchable database.