Thank you for your response and clarification.
Information on the Officers is obtained in two ways. First, you send a subpoena to their department Internal Affairs for the information on each officer. The Department has to respond to that subpoena.
Additionally, you send a demand in writing to the DA as well and you would state the specific information you are seeking and inform them of their duty under Brady to provide the information.
Additionally, the Government has a duty to examine the personnel files of all Federal agents and the files of any local, state or municipal law enforcement officer who will testify and must disclose information favorable to the defense for impeachment purposes. United States v. Henthorn
, 931 F.2d 29 (9th Cir. 1991) citing United States v. Cadet
, 727 F.2d 1453 (9th Cir. 1984). "In the event that the Government is uncertain about the materiality of information in it's possession, it may submit the information to the trial Court for an in camera inspection and evaluation..." Id.
at 1467-68. The Government has a duty to examine the personnel files upon a defendant's request for production. See id.
at 1467. Absent such an examination, it cannot ordinarily determine whether it is obligated to turn over the files. Henthorn
, at 31.
If the government fails to disclose, then your next move is filing a motion to compel production to the court and the court will order the DA and police department to provide your information on the officers.
You will have to just cite the case name for brady and the other cases above.
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