Prosecutor Misconduct No. 1693847639 - 2058459945

Kris C Foster

Date of Offense

January 1, 2009

Offense(s)

Reporting Authority

This complaint has been forwarded to the Massachusetts Bar Association

Supporting Document(s)

Prosecutor Snared in Massachusetts Drug Lab Case Disbarred (1)_1.pdf
h13360_1.pdf

Statement

A Massachusetts prosecutor was disbarred Thursday after her failure to disclose exculpatory evidence in a drug theft case sowed major doubt in the criminal justice system.

Anne Kaczmarek is the first former member of the Massachusetts attorney general’s office to ever be disbarred. Her behavior may have impacted thousands of defendants who were convicted on drug charges.

John Verner, a former state prosecutor who supervised Kaczmarek, was publicly reprimanded. Kris Foster, a more junior former prosecutor, was suspended for one year and one day.

Definition of Offense(s)

Failure to Disclose Brady/Giglio Material

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.

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