Date of Offense
Reporting Authority
Supporting Document(s)
Statement
District Attorney Steve Gunnels is hereby added to the Brady List based on substantiated ethical concerns regarding prosecutorial misconduct and systemic failures in the disclosure of Brady material. Specifically, DA Gunnels has demonstrated a pattern of selective or incomplete compliance with the constitutional obligation to identify, investigate, and disclose material exculpatory evidence, particularly as it relates to law enforcement officers with credibility impairments.
The most concerning example is DA Gunnels’ issuance of a letter listing Sheriff Kent Vander Kamp as having Brady material (attached). This document, although marked on official Deschutes County District Attorney’s Office letterhead, was undated, raising immediate concerns about its procedural integrity and authenticity. Moreover, despite the public nature of the document and its significance, the District Attorney’s Office failed to properly maintain or publish a complete and up-to-date Brady list accessible to defense counsel or the public.
More critically, the list released by DA Gunnels did not include Deschutes County Sheriff’s Office Deputy Ryan McNee—despite recent, publicly reported findings of misconduct by McNee that clearly rise to the level of Brady or Giglio material under the time frame that would have had the officer included in the '2025' Office Brady list. Under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), a prosecutor has an affirmative and continuing duty to disclose evidence that may impeach the credibility of a law enforcement officer. Failure to include Deputy McNee, despite known and reported misconduct findings, constitutes a willful or negligent breach of this duty.
DA Gunnels’ inaction contradicts any claim that his office is actively “investigating, gathering, and disclosing” impeachment material as required by law. The omission of Deputy McNee, coupled with the vague and selectively released Brady letter regarding Sheriff Vander Kamp, undermines confidence in the impartial administration of justice in Deschutes County.
Grounds for Inclusion:
- Failure to maintain and disclose a complete Brady list;
- Issuance of an undated and procedurally deficient Brady disclosure;
- Omission of known law enforcement misconduct (Deputy Ryan McNee);
- Apparent selective enforcement of Brady obligations; and,
- Ethical lapse in prosecutorial transparency and public trust.
Recommended Actions:
- Immediate review of all prosecutorial disclosures made under the authority of DA Steve Gunnels;
- Notification to defense counsel in all open and post-conviction cases involving DCSO personnel, particularly Deputy McNee; and,
- Referral to the Oregon State Bar for ethical review and potential disciplinary proceedings under Rule 3.8 of the Oregon Rules of Professional Conduct.
This entry is made pursuant to the public’s right to know which public officials are implicated in patterns of nondisclosure that violate the foundational due process rights guaranteed under the U.S. and Oregon Constitutions.
