After reading about the District Attorney’s self-promoting
‘press conference’ regarding alleged Brady violations, I did a
little independent research and viewed the Los Angeles and Ventura
County District Attorney’s Office policies on Brady discovery as I
still have some friends that are prosecutors. Both of those offices
will not turn over reports or complaints against police officers
that are not substantiated.
After reading about the District Attorney’s self-promoting ‘press conference’ regarding alleged Brady violations, I did a little independent research and viewed the Los Angeles and Ventura County District Attorney’s Office policies on Brady discovery as I still have some friends that are prosecutors. Both of those offices will not turn over reports or complaints against police officers that are not substantiated.
Ventura County only turns over “sustained finding(s) of misconduct within the preceding five years that reflect upon the truthfulness or bias of a witness. A complaint is considered sustained for purposes of this policy when it has been approved by the agency head after a hearing pursuant to Skelly v. State Personnel Board (1975) 15 Cal. 3d 194, if applicable, or when the discipline has been imposed, whichever occurs first.”
The Los Angeles District Attorney does not disclose “allegations that cannot be substantiated, are not credible, or have been determined to be unfounded.” Before the Los Angeles District Attorney finds an allegation to be Brady material, the office must determine that the information meets the “standard of clear and convincing evidence which is higher than a preponderance of evidence but less than beyond a reasonable doubt.”
Under either of these policies, unsubstantiated police reports against Mr. Stafford would clearly not qualify as Brady material. Basically, Mr. Sarsfield is trying to fault Mr. Damkar for not taking actions that the largest District Attorney’s office in the country would not have taken. Every prosecutor in L.A. County and Ventura County is guilty of Rampart-like misconduct if Sarsfield is to be believed. And let’s not forget about the double-standard this District Attorney is attempting to create, by including Stafford and excluding his political crony, Sheriff Hill and potentially others in the Sheriff’s Department.
As a former prosecutor and current Public Defender, I recognize Brady is a very important tool, however it is irresponsible for a prosecutor to abuse Brady and risk high-profile convictions for a personal political vendetta.
Greg LaForge,
Hollister
