DOJ-OGR-00002706.jpg
638 KB
Extraction Summary
9
People
2
Organizations
0
Locations
2
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
638 KB
Summary
This legal document, filed on February 4, 2021, is an argument from the defense demanding the immediate production of unredacted reports from the government. The defense contends these reports, held by the FBI, contain exculpatory 'Brady material' and that the government cannot fulfill its disclosure obligations by providing redacted versions. The argument is supported by citations to legal precedents, including Kyles v. Whitley, and a prior ruling from the court on the timing of such disclosures.
People (9)
| Name | Role | Context |
|---|---|---|
| Kyles | Party in a legal case |
Mentioned in the case citation 'Kyles v. Whitley, 514 U.S. 419, 437 (1995)'.
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| Whitley | Party in a legal case |
Mentioned in the case citation 'Kyles v. Whitley, 514 U.S. 419, 437 (1995)'.
|
| Torres | Party in a legal case |
Mentioned in the case citation 'United States v. Torres, 719 F.2d 549, 555-56 (2d Cir. 1983)'.
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| Jones | Party in a legal case |
Mentioned in the case citation 'Jones v. Jago, 575 F.2d 1164, 1168 (6th Cir. 1978)'.
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| Jago | Party in a legal case |
Mentioned in the case citation 'Jones v. Jago, 575 F.2d 1164, 1168 (6th Cir. 1978)'.
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| Clemmons | Party in a legal case |
Mentioned in the case citation 'Clemmons v. Delo, 124 F.3d 944, 952 (8th Cir. 1997)'.
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| Delo | Party in a legal case |
Mentioned in the case citation 'Clemmons v. Delo, 124 F.3d 944, 952 (8th Cir. 1997)'.
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| White | Party in a legal case |
Mentioned in the case citation 'White v. Helling, 194 F.3d 937, 944 (8th Cir. 1999)'.
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| Helling | Party in a legal case |
Mentioned in the case citation 'White v. Helling, 194 F.3d 937, 944 (8th Cir. 1999)'.
|
Relationships (1)
Government
→
Adversarial (legal)
→
Defense
The document details a dispute between the government (prosecution) and the defense over the disclosure of evidence, specifically the government's Brady obligations.
Key Quotes (2)
"has a duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case, including the police"Source
— Kyles v. Whitley legal precedent
(Cited to support the argument that the government is responsible for obtaining evidence from agencies like the police.)
DOJ-OGR-00002706.jpg
Quote #1
"The Government must disclose to the defense all information ‘favorable to an accused’ that is ‘material either to guilt or to punishment’ and that is known to the Government. . . . The Government shall disclose such information to the defense promptly after its existence becomes known to the Government so that the defense may make effective use of the information in the preparation of its case."Source
— The Court
(Quoted as a ruling from the Court establishing the government's obligation for prompt Brady disclosures.)
DOJ-OGR-00002706.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,646 characters)
Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 13 of 23
the government further advised that, to the extent it had access to an unredacted copy of the report, it would produce it when it produces Giglio material.
The defense believes that these reports contain Brady material and should be produced immediately. [REDACTED TEXT]
It is the government’s responsibility to obtain unredacted copies of these reports and produce them to the defense. The government cannot absolve itself of its Brady obligations by producing redacted documents “as is,” when they could easily obtain unredacted copies from the FBI. See Kyles v. Whitley, 514 U.S. 419, 437 (1995) (the government “has a duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case, including the police”). An informed witness who fails to mention the defendant when making a police report is certainly exculpatory under Brady. United States v. Torres, 719 F.2d 549, 555-56 (2d Cir. 1983); Jones v. Jago, 575 F.2d 1164, 1168 (6th Cir. 1978); Clemmons v. Delo, 124 F.3d 944, 952 (8th Cir. 1997); White v. Helling, 194 F.3d 937, 944 (8th Cir. 1999).
The timing for Brady disclosures is now. As this Court ruled:
“The Government must disclose to the defense all information ‘favorable to an accused’ that is ‘material either to guilt or to punishment’ and that is known to the Government. . . . The Government shall disclose such information to the defense promptly after its existence becomes known to the Government so that the defense may make effective use of the information in the preparation of its case.”
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DOJ-OGR-00002706
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