From the Defense Table

After Argument By Defender Annaleigh Porter, Onondaga County Court Rules That DA Must Provide Unsealed Police Disciplinary Records Under Cpl 245

Since the repeal of 50-a, there have been many discussions and arguments as to HOW the defense is to ascertain the existence of and get access to police disciplinary records. This issue was argued by Defender Annaleigh Porter and decided in last month by Onondaga County Court Judge Stephen Dougherty.

The DA’s office argued that their Brady obligations do not include a requirement to make an inquiry to the police for impeachment material on officers and that if the defense wishes to pursue other law enforcement agency records that are no longer confidential, it may seek those records from the agency by way of FOIL. In response, Annaleigh argued that pursuant to CPL 245, any and all items and information related to the prosecution of a charge in the possession of any New York state or local police or law enforcement agency shall be deemed to be in the possession of the prosecution, and that in addition to obligations pursuant to Brady v Maryland (373 US 83 (1963)) and Giglio v United States (405 US 150 (1972)), the People are obligated to disclose all evidence and information that tends to impeach the credibility of a testifying witness (see CPL 245.20 (12)(k)) and that the People’s obligations are not reduced because a defendant may be able to access information on their own.

Judge Dougherty ruled that clear statutory language requires the DA’s office to produce police disciplinary records and turn them over to the defense as part of the discovery statute. He further stated that he did not believe the legislature ever expected the defense to go out and get these records themselves. However, the defense must provide a list of officers whose records they believe should be disclosed. This decision was on the record but as of this writing there is not a written decision by the court.

Excellent advocacy and a great win. Next time you see Annaleigh Porter thank her for the work she did that will benefit all defenders and their clients. Great job, Annaleigh!!