• Brady/Giglio,  Cooperation Agreements,  Witnesses

    The Agatha Christie School of Cooperating Witnesses

    From Lawrence S. Goldman and our friends at White Collar Crime Prof blog, a summary of a Second Circuit decision  addressing (1) the extent to which prosecutors can “bolster” cooperating witnesses’ testimony by relying on their cooperation agreements and (2) whether or not the tardy production of Brady and Jencks material matters.   (Answer: it doesn’t).  In particular: The opinion also excuses, but does not condone, the improper failure of the government to turn over handwritten notes by a testifying agent which were discovered in the later examination of another agent and belatedly revealed to the defense.  The notes should have been revealed earlier, says the Court, not only since they included…

  • Brady/Giglio,  Ethics,  Trials, Judges and Jurors

    Fourth Circuit Rips United States Attorney’s Office For Brady Non-Disclosure

    As noted by the White Collar Law Prof blog, here — Fourth Circuit Rebukes United States Attorney’s Office — this criticism of a United States Attorney’s Office for repeated Brady-disclosure problems is unusual.  If nothing else, the Fourth Circuit is generally a law-and-order bench, which lends the criticism greater force.  Here are some highlights: A cursory review of this Court’s opinions reveals recent consideration of at least three cases involving discovery abuse by government counsel in this district.   Mistakes happen. Flawless trials are desirable but rarely attainable. Nevertheless, the frequency of the “flubs” committed by this office raises questions regarding whether the errors are fairly characterized as unintentional.  …

  • Uncategorized

    The Ethics of Brady/Giglio Obligations

    More commentary on the AUSA Kline ethics case in Washington: White Collar Crime Law Prof on Brady. Although it’s interesting that DC Bar Counsel is finding an ethics violation for a prosecutor’s failure to turn over Brady/Giglio material, one wonders how many states’ bar counsel would do so.