For the Defense - Vol. 3, Issue 2 - 2018 - 16
detailed Complaint alleging racial profiling in a
car stop and search, on facts that parallel those in
Payano.13 This information certainly would have
fueled a robust cross-examination of Trooper
Fleisher by Mr. Payano's lawyer (and a forceful
response to the government's later contention
that Judge Surrick's findings "unfair[ly]"
maligned the trooper) - had the government
disclosed it.
Giglio Lessons for Defense Counsel
Virtually every defense demand for Brady and
Giglio material is met with this refrain: "The
government understands its obligations and will
comply with them." But that conclusory assertion
may mask a prosecutorial "understanding" that
is significantly narrower than the law - and
even DOJ's written policy - require. Both the
government's stated intention never to disclose
the findings against Trooper Fleisher had it
persuaded the Payano court to hide them, and its
failure to disclose to Mr. Payano's counsel earlier
findings and allegations against the trooper, flag
several ways in which prosecutors may interpret
Giglio too narrowly.
Lesson One: Giglio that you
can't find is still Giglio
The Giglio analysis that the government
expressly embraced in Payano is concerning:
apparently DOJ thinks that it need not disclose
adverse findings when it has persuaded a court
to hide them. Yet Brady and Giglio affirmatively
require prosecutors to identify and disclose
favorable information, and the standard is not
how little disclosure the prosecution can get
away with. Adverse findings that have been
scrubbed from a written opinion still exist, and
are no less favorable to the defense for being
hard to locate. That DOJ had actual knowledge
of the findings in Payano makes its position all
the more worrisome; only the defense, not the
prosecution, would be in the dark about them in
future cases. A court does not eliminate Giglio
2018 Defending Drug Crimes Seminar
FRIDAY, MAY 18, 2018
CROWNE PLAZA
KING OF PRUSSIA, PA
PANTONE
6 CLE CREDITS
INCLUDING 1 HOUR OF ETHICS
2955C
7406C
CMYK
90/78/39/30
9/22/91/0
RGB
22/58/92
234/194/56
HEXIDECIMAL
#153A5B
16
For The Defense
l
Vol. 3, Issue 2
#EAC137
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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