Policy Text
OFFICER
CHI
POLICE
*****
OXNARD POLICE
****
POLICE
OFFICER
STRICT
VENTURA
CHIE
SIMI VALLEY
POLICE
****
GREGORY D. TOTTEN
District Attorney
SHERIFF GEOFF DEAN
Ventura County Sheriff's Office
CHIEF KEN CORNEY
Ventura Police Department
CHIEF SCOTT WHITNEY
Oxnard Police Department
VENTURA COUNTY
LAW ENFORCEMENT
COORDINATING COMMITTEE
CHIEF ANDREW SALINAS
Port Hueneme Police Department
Chair
CHIEF ANDREW SALINAS
Port Hueneme Police Department
CHIEF DAVID LIVINGSTONE
Simi Valley Police Department
CHIEF STEVE MCLEAN
Santa Paula Police Department
CAPTAIN AARON GOULDING
California Highway Patrol
MEMORANDUM OF AGREEMENT
May 2018
A legally mandated aspect of every criminal prosecution is the provision of discovery to the
defense. Law enforcement agencies and the prosecuting agency together make up the
"prosecution team" and compliance with discovery mandates is a joint obligation of every
member of the prosecution team under state and federal law. Discovery errors or omissions by
the prosecution team may result in sanctions that impair or prevent the ability to bring a criminal
to justice.
In recognition of the joint obligations outlined below, the Ventura County Law Enforcement
Coordinating Council hereby agrees to and adopts the undersigned agree to these principles to
ensure compliance with the discovery process.
1.
2.
A. DISCOVERY OBLIGATIONS
All members of the prosecution team shall comply with state and federal discovery law as
it currently exists and as it may change over time due to statutory revisions and judicial
decisions.
California's Criminal Discovery Statute requires that the prosecutor disclose to the
defense the following materials and information, if it is in the possession of the
prosecuting attorney or the prosecuting attorney knows it to be in the possession of the
investigating agency:
(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.
Discovery Obligations Memorandum of Agreement
May 2018
Page 2
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5.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the investigation of the
offenses charged.
(d) The existence of a felony conviction of any material witness whose credibility is
likely to be critical to the outcome of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or reports of the statements of
witnesses whom the prosecutor intends to call at the trial, including any reports or
statements of experts made in conjunction with the case, including the results of
physical or mental examinations, scientific tests, experiments, or comparisons which
the prosecutor intends to offer in evidence at the trial.
(Penal Code § 1054.1)
Under Brady v. Maryland (1963) 373 U.S. 83, the prosecutor has a duty to disclose
exculpatory evidence that is material to either guilt or punishment, or that could be
used to impeach the credibility of a prosecution witness. The courts consider
information in possession of an investigating law enforcement agency to be in the
possession of the prosecutor, whether the prosecutor actually knows about it or not.
Discovery must be provided at least 30 days before trial, or immediately if becomes
known within 30 days of trial. (Penal Code § 1054.7) Disclosure of Brady
information is also required before a preliminary hearing. (Bridgeforth v. Superior
Court (2013) 214 Cal.App.4th 1074.)
The court may impose sanctions for failure to provide discovery, or for late discovery,
including, but not limited to, immediate disclosure, contempt proceedings, delaying or
prohibiting the testimony of a witness or the presentation of real evidence, continuance
of the matter, advising the jury, or dismissal. (Penal Code § 1054.5 (b) & (c).)
Sanctions for intentional failure to provide exculpatory evidence include
disqualification of the prosecutor and a report to the State Bar (Bus. & Prof. Code §
6086.7 (a)(5); Penal Code § 1424.5) and felony prosecution of the prosecutor (Penal
Code § 141(b)). Discovery violations may result in reversal of the judgment on
appeal, vacating the conviction on habeas corpus, and/or a civil rights lawsuit.
1.
B. COMPLIANCE
A complete set of reports shall be submitted to the District Attorney when the case is
submitted for filing.
Discovery Obligations Memorandum of Agreement
May 2018
Page 3
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The law enforcement agency shall develop procedures to ensure that additional reports
written, or additional evidence obtained, after the initial submission are timely
provided to the District Attorney's Office.
When the District Attorney requests reports, recordings, or other items already in
existence, the law enforcement agency shall provide them promptly. Absent unusual
circumstances, this should be done within five business days. When a shorter deadline
is present, the law enforcement agency shall endeavor to provide the discovery by that
date.
Each station shall designate a supervisor who the prosecutor may contact in the event
that the person ordinarily assigned to respond to discovery requests does not timely
provide the requested discovery.
Prosecutors shall appropriately track and maintain the discovery received from law
enforcement agencies and shall avoid requesting resubmission of items already
received. Prosecutors shall not request "all reports" or request duplicate submissions
unless a