For the Defense - Vol. 3, Issue 2 - 2018 - 15
Lisa A. Mathewson
purportedly "dedicated law enforcement officer"
from the "unfair[] impression" and "severe
professional consequences" that would follow.8
Significantly, the government did not ask the
court to reverse its findings as clearly erroneous.
It merely asked the court to protect the officer by
scrubbing the findings from its opinion.9
A moment's consideration reveals the
government's premise: it need not, and would
not, disclose as Giglio adverse credibility findings
of which it had actual knowledge - so long as
those adverse findings were no longer written in
an opinion that a defendant could find. Tellingly,
the government relied in Payano on a 2015
case in which it persuaded a different district
court judge to revise an opinion to protect two
Berks County detectives against future crossexamination.10 Presumably DOJ does not disclose
the original findings against those detectives as
Giglio when they testify.
Other aspects of the government's narrow
view of Giglio are on display in Payano as well.
Specifically, the prosecutor did not disclose to Mr.
Payano's counsel earlier findings, and allegations,
of misconduct by Trooper Fleisher in other
investigations. Easily located via a Google search
for the trooper's name, for example, is a Court of
Common Pleas opinion granting suppression on
findings that the trooper's proffered rationale
for a car stop (a "windshield obstruction") and
a frisk of the suspect (officer "safety") were
unsupported by the evidence.11 Although not
saying so expressly, the opinion also implies that
the trooper's perception of danger was driven by
the suspect's race (African-American).12 Moreover,
a PACER search for the trooper's name reveals a
Vol. 3, Issue 2
l
For The Defense
15
Table of Contents for the Digital Edition of For the Defense - Vol. 3, Issue 2 - 2018
Contents
For the Defense - Vol. 3, Issue 2 - 2018 - 1
For the Defense - Vol. 3, Issue 2 - 2018 - 2
For the Defense - Vol. 3, Issue 2 - 2018 - Contents
For the Defense - Vol. 3, Issue 2 - 2018 - 4
For the Defense - Vol. 3, Issue 2 - 2018 - 5
For the Defense - Vol. 3, Issue 2 - 2018 - 6
For the Defense - Vol. 3, Issue 2 - 2018 - 7
For the Defense - Vol. 3, Issue 2 - 2018 - 8
For the Defense - Vol. 3, Issue 2 - 2018 - 9
For the Defense - Vol. 3, Issue 2 - 2018 - 10
For the Defense - Vol. 3, Issue 2 - 2018 - 11
For the Defense - Vol. 3, Issue 2 - 2018 - 12
For the Defense - Vol. 3, Issue 2 - 2018 - 13
For the Defense - Vol. 3, Issue 2 - 2018 - 14
For the Defense - Vol. 3, Issue 2 - 2018 - 15
For the Defense - Vol. 3, Issue 2 - 2018 - 16
For the Defense - Vol. 3, Issue 2 - 2018 - 17
For the Defense - Vol. 3, Issue 2 - 2018 - 18
For the Defense - Vol. 3, Issue 2 - 2018 - 19
For the Defense - Vol. 3, Issue 2 - 2018 - 20
For the Defense - Vol. 3, Issue 2 - 2018 - 21
For the Defense - Vol. 3, Issue 2 - 2018 - 22
For the Defense - Vol. 3, Issue 2 - 2018 - 23
For the Defense - Vol. 3, Issue 2 - 2018 - 24
For the Defense - Vol. 3, Issue 2 - 2018 - 25
For the Defense - Vol. 3, Issue 2 - 2018 - 26
For the Defense - Vol. 3, Issue 2 - 2018 - 27
For the Defense - Vol. 3, Issue 2 - 2018 - 28
For the Defense - Vol. 3, Issue 2 - 2018 - 29
For the Defense - Vol. 3, Issue 2 - 2018 - 30
For the Defense - Vol. 3, Issue 2 - 2018 - 31
For the Defense - Vol. 3, Issue 2 - 2018 - 32
For the Defense - Vol. 3, Issue 2 - 2018 - 33
For the Defense - Vol. 3, Issue 2 - 2018 - 34
For the Defense - Vol. 3, Issue 2 - 2018 - 35
For the Defense - Vol. 3, Issue 2 - 2018 - 36
For the Defense - Vol. 3, Issue 2 - 2018 - 37
For the Defense - Vol. 3, Issue 2 - 2018 - 38
For the Defense - Vol. 3, Issue 2 - 2018 - 39
For the Defense - Vol. 3, Issue 2 - 2018 - 40
For the Defense - Vol. 3, Issue 2 - 2018 - 41
For the Defense - Vol. 3, Issue 2 - 2018 - 42
For the Defense - Vol. 3, Issue 2 - 2018 - 43
For the Defense - Vol. 3, Issue 2 - 2018 - 44
For the Defense - Vol. 3, Issue 2 - 2018 - 45
For the Defense - Vol. 3, Issue 2 - 2018 - 46
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