How the Brady List is Used in a Criminal Defense Case

The team at Gurion Legal will work with you to find a defense that will help you in your case. They will tirelessly put forth the effort to look for evidence of police misconduct or any other attributing factors. One such piece of evidence they may use, however, is the Arizona Brady list.

Up until last year, this list was not available to the public and attorneys had to rely on prosecutors’ offices to comply with the requirements of the law.

Now, however, defense attorneys can access the information through a new database released by ABC15. The police officers on the list, under the Brady rule, will not have a direct impact on every case. It is an important defense to consider, however.

What is the Arizona Brady List or Brady Disclosure?

If you have never heard of the Arizona Brady List before, you may wonder what it entails. The most simple description is the Brady List, or Brady Disclosure is a watchlist that provides information on police officers who have a history of misconduct.

If your arresting officer has involvement with prior illegal behaviors, there could be a high level of doubt as to the legitimacy of their testimony.

 

What is the Brady Disclosure?

The rule mentioned above shows the need to reveal exculpatory evidence.

Without a Brady Disclosure, you as the defendant may not receive your right to due process.

Several types of evidence can be shown to exist through a Brady Disclosure, including that below:

  • Proof of innocence
  • Loss of credibility of police officers
  • Evidence for the reduction of a sentence

 

The History of the Arizona Brady List / Brady Rule / Brady Disclosure

The Brady list, or otherwise known as the Brady Rule, came about after the court case Brady v. Maryland. A man named John Brady faced a wrongful arrest in 1958 for a murder charge he did not commit. He went to jail even though Charles Boblit admitted to the crime.

The prosecution was withholding evidence from the jury that, otherwise, provided Brady’s innocence.

A later court case, between a man named John Giglio and  Giglio v. the United States, also helped to prove the need for this list. They found that Giglio did not receive his due process rights as a witness received a deal for false testimony. After both of these court cases occurred, the Supreme Court determined that charges face invalidation without full evidence.

 

What is the Information Provided on the Arizona Brady List?

Knowing that this rule involves full disclosure of any police misconduct or other exculpatory evidence, you may wonder about the types of information on the list. Below you will find a list of some of the most important pieces of information included in the Brady List.

  • Records of falsified police reports
  • Proof of tampered evidence
  • History of lying as a witness
  • Evidence of witness coercion
  • Police brutality instances
  • Multiple complaints
  • Racist remarks or actions
  • Employment information for the officer
  • Statuses of any misconduct allegations

Your Phoenix defense attorney will explore each of these items in great detail to determine if they will help your criminal case.

Statistics Concerning the Brady Rule in Arizona

The Brady disclosure list is extremely beneficial to Phoenix defense lawyers as it prevents others from withholding evidence. Unfortunately, there are actually too few officers on it.

A wrongful arrest still happens too often in the state due to the lack of public information available.

In Arizona, each county is in charge of its list. There is no statewide access, except for the one published by ABC15, as aforementioned. As of May of 2021, however, there are over 1,400 police officers on some lists in certain localities. Police officers do have a right to appeal their placement on the list, however.

How to Look at the Brady List

If you want access to this list, the best way is to talk to your criminal defense attorney at Gurion Legal. They can find out quickly if the government is withholding evidence concerning your case, which can help in your defense.

There are times when you want to see the list for yourself, however. With this in mind, start with the one made by ABC15.

 

What is a FOIA Request?

FOIA stands for the Freedom of Information Act. This legislation ensures that the public has access to government documents held by a specific agency. FOIA can help you or your defense attorney get information to certain government documents, including potentially those related to the Brady list.

How the Brady List / Brady Rule Helps Defense Lawyers

Working with your Phoenix defense lawyer can help the Brady list have a significant impact on your case. This effect is a fact, especially if you face a wrongful arrest for a crime you never committed.

The history of a police officer’s conduct may prove that it is not the first time they engaged in these actions.

 

Defense Information

When you go to trial for any crime, you will face prosecution of some form. That will either be the victim or the local government, for instance.

If the police officer is part of the Brady List, the prosecuting lawyer would have to tell your defense attorney.

 

Testimony Impact

For most crimes, the officer will be a witness and give a testimony. If the policeman has past negative behaviors, however, his testimony will not be as credible.

Remember, Brady List information includes past instances of lying on the witness stand.

This lack of credibility will help defend your case as officers are the top provider of evidence against the charge. Your defense attorney may even present information found on the list to showcase previous instances of lying or withholding evidence.

Speak with your Arizona Defense Team at Gurion Legal

If you face a wrongful arrest or an instance of police misconduct, contact the team at Gurion Legal at (480) 800-0020 today.

Previous violations found in the Brady List could prove to be useful to your trial.

Your experienced Phoenix criminal defense attorney can better interpret the information found on the list, especially if it involves the arresting officer on your case. They will know how to use that information to prove your innocence or reduce your sentencing.

It is essential that the court always shows the truth and that you and your attorney work together to disclose it in whatever way possible.

Arizona Board Certified Criminal Law Specialist Omer Gurion

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