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D A Gascón requests Brady list of officers accused of misconduct from


Los Angeles County District Attorney George Gascón has asked for a list of police officers and deputies from law enforcement agencies around the county who have been accused of lying, tampering with evidence, violence and other types of misconduct that could lead to their testimony in criminal cases being thrown out. Gascón’s office sent the letters last week to every police agency in L. A. County. In it, he asked for the names and badge numbers of both current and former officers and deputies “who have engaged in acts of moral turpitude. ”The types of misconduct include categories such as taking bribes, domestic violence, using unreasonable force during a stop, making false statements and tampering with evidence, among others. In the letter, Gascón said agencies must turn over these records to avoid affecting his office’s cases.“A prosecutor has the duty to learn of any favorable evidence known to others acting on the government’s behalf, ” the D. wrote in the letter. “When law enforcement fails to communicate impeachment information to the prosecutor, the prosecution remains accountable for the consequences. ”He said allowing officers or deputies with a history of lying to testify could include “sanctions and reversal of convictions. ”The letter asked the agencies to respond with the lists of officers in 30 days. Local law enforcement agencies have been under scrutiny for years over whether they maintain internal lists of officers and deputies who’ve engaged in corrupt or violent behavior. California legislators passed Senate Bill 1421 in 2019, which requires agencies to hand over documents related to law enforcement officers who used violence while on the job. The categories outlined in the law include firing a gun at someone, using force that kills or seriously injures, sexually assaulting a member of the public, or lying. Court cases required further disclosures: In 2019, the Association for Los Angeles Deputy Sheriff’s, the union representing rank-and-file L. County Sheriff’s deputies, sued to prevent former Sheriff Jim McDonnell from giving prosecutors a so-called Brady list of deputies accused of misconduct. The state Supreme Court ruled against the union. McDonnell sought the disclosure of the list under Brady v. Maryland, a 1963 U. S. Supreme Court decision that mandated prosecutors notify defendants about favorable evidence and which gave the lists their name. Despite their win in court, county prosecutors never requested the list. A spokeswoman for the Los Angeles Police Department said the agency was cooperating with the district attorney’s office, but would not say whether they had any disclosable records. The Los Angeles County Sheriff’s Department and the Long Beach Police Department did not respond to requests for comment about the request for Brady list officers.

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