Constitutional Law
Sep. 6, 2014
Brady's California blind spot
When it comes to impeachment material in police personnel files, even well-meaning prosecutors may be unable to carry out their Brady disclosure obligations. By Jonathan Abel
In 2012, Daryl Lee Johnson was arrested for felony domestic violence. The two arresting officers - key witnesses in the case against him - had more than 500 pages of potentially impeaching evidence, or Brady material, in their personnel files. San Francisco prosecutors knew of this evidence because judges had reviewed it "in camera" and ordered it disclosed in numerous prior cases involving the officers. But in Johnson's case...
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