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48.0 BRADY DISCLOSURE REQUIREMENTS Page 1 of 4 EDGEWOOD POLICE DEPARTMENT GENERAL ORDER # 48.0 BRADY DISCLOSURE REQUIREMENTS Effective Date: October 31, 2019 It is the purpose of this policy to provide officers with the information necessary to properly fulfill the reporting and testimonial requirements mandated under U.S. Supreme Court decisions including Brady v. Maryland 373 U.S. 83 (1963) and Gigl io v. U.S. 405 U.S. 150 (1972). This General Order consists of the following numbered sections: I. Policy II. Definitions III. Procedures I. POLICY A. The Brady decision and subsequent rulings have made it a duty of all law enforcement agencies to (1) identify and provide to the prosecution any exculpatory material that would have a reasonable probability of altering the results in a trial, or any material that could reasonably mitigate the sentencing of a defendant and (2) any material relevant to the credibility of government witnesses, including, but not limited to, police officers. It is the policy of this police department to fo llow Brady disclosure requirements consistent with the law. II. DEFINITIONS A. Material evidence: Exculpatory evidence is “material” if there is a reasonable probability that disclosing it will change the outcome of a criminal proceeding. A “reasonable pr obability” is a probability sufficient to undermine confidence in the outcome of the trial or sentencing of a criminal case. B. Exculpatory evidence/Brady material: Brady violations are, by definition, violations of an individual’s 14th Amendment right t o due process of law. Exculpatory evidence is evidence that is favorable to the accused; is material to the guilt, innocence, or punishment of the accused; and that may impact the credibility of a government witness, including a police officer. Impeachment material is included in the Brady disclosure requirements. 48.0 BRADY DISCLOSURE REQUIREMENTS Page 2 of 4 C. Duty to disclose: The affirmative constitutional duty of the police to notify the prosecutor of any Brady material. III. PROCEDURES A. General Provisions of Disclosure 1. Affirmative Duty to Report This department shall exercise due diligence to ensure that material of possible Brady relevance is made available to the office of the prosecutor. 2. Although the defense is not required to request potential Brady material; it is this department’s responsibility to disclose such material as soon as reasonably possible to the office of the prosecutor, or in time for effective use at trial. Responsibility for disclosing such material extends from indictment through the trial and se ntencing process. 3. It is the prosecutor’s responsibility to establish whether material disclosed by this department must be provided to the defense. 4. Suppression of evidence favorable to an accused violates due process when the evidence is material eit her to guilt or to punishment, irrespective of good or bad faith. There is no distinction between “impeachment evidence” and “exculpatory evidence” for Brady disclosure purposes. 5. Allegations that cannot be substantiated, are not credible, or have result ed in an individual’s exoneration are generally not considered to be potential impeachment information. B. Examples of Brady material 1. Examples of Brady material that may be subject to disclosure include, but may not be limited to, the following: a. Information that would directly negate the defendant’s guilt concerning any count in an indictment. b. Information that would cast doubt on the admissibility of evidence that the government plans to offer that could be subject to a motion to suppress or exclud e. c. Any criminal record or criminal case pending against any witness whom the prosecution anticipates calling. d. The failure of any proposed witness to make a positive identification of a defendant. e. Information that casts doubt on the credibility or accuracy of a witness or evidence. f. An inconsistent statement made orally or in writing by any proposed witness. g. Statements made orally or in writing by any person that are inconsistent with any statement of a proposed government witness regarding the alleged criminal conduct of the defendant. 48.0 BRADY DISCLOSURE REQUIREMENTS Page 3 of 4 h. Information regarding any mental or physical impairment of any governmental witness that would cast doubt on his or her ability to testify accurately and truthfully at trial. i. Information that tends to diminish the degree of the defendant’s culpability or the defendant’s offense level under state or federal sentencing guidelines. j. A finding of misconduct by a Board of Rights or Civil Service Commission that reflects on the witness’s truthfulness, bias, or moral turpitude. This includes employees under suspension. k. Evidence that a proposed witness has a racial, religious, or personal bias against a defendant individually or as a member of a group. l. An officer’s excessive use of force, untruthfulness , dishonesty, bias, or misconduct in conjunction with his or her service as a law enforcement officer. 2. Officer personnel files that are related to matters stated above may be provided or open to the prosecution or defense as part of a Brady disclosure, as is consistent with the law. C. Duty to Report Officer adherence to departmental policy and rules in all matters is an imperative of his or her office. Breaches of such rules and policies relat ed specifically to honesty and veracity may have direct be