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For greater than 25 years, the Milwaukee County District Legal professional’s Workplace has maintained a listing of legislation enforcement officers who’ve been accused of dishonesty, bias or crimes.
Typically referred to as the “Brady listing,” it’s meant to assist prosecutors fulfill their authorized obligation to show over proof that would assist defendants.
However a joint Milwaukee Journal Sentinel, Wisconsin Watch and TMJ4 Information investigation discovered that the listing is inconsistent and incomplete, elevating questions on how helpful it’s in apply.
Right here’s what to learn about Brady lists.
What’s a Brady listing?
The Brady listing is a compilation of legislation enforcement officers who’ve been accused of mendacity, breaking the legislation, or appearing in a method that erodes their credibility to be a witness. It’s additionally typically referred to as the do-not-call listing or the Brady/Giglio listing.
The title comes from the 1963 U.S. Supreme Court docket case Brady v. Maryland, which dominated that prosecutors can not withhold materials which may assist the protection at trial.
What sort of habits will get you on the Brady Record?
The kind of misconduct that may land a legislation enforcement officer on the Brady listing is broad, starting from violent crimes to office points. An officer doesn’t need to be discovered responsible of against the law and even charged with against the law to be positioned on the listing.
Of the names on Milwaukee County’s Brady listing, the bulk contain prison instances. Roughly 1 / 4 contain inner investigations.
The offenses vary from crimes like home violence or drunken driving to integrity points like falsifying police paperwork or dishonest on police coaching exams.
How does the District Legal professional’s Workplace discover out about potential Brady materials?
The District Legal professional’s Workplace is answerable for prosecuting crimes. If a legislation enforcement officer is referred for potential prison costs, prosecutors would learn about it as a result of they make charging selections.
But when an officer is dealing with an inner violation and never a prison cost, it’s as much as the officer’s legislation enforcement company to report the knowledge to prosecutors, in accordance with Milwaukee County District Legal professional Kent Lovern.
Do police businesses have written insurance policies for telling prosecutors about Brady materials?
Not all of them.
The media organizations despatched data requests to 23 legislation enforcement businesses within the county asking for any insurance policies governing methods to deal with Brady materials.
The Milwaukee County Sheriff’s Workplace and 6 different businesses offered a written coverage. The Milwaukee Police Division and eight different businesses within the county stated they don’t have a written coverage.
The remaining businesses didn’t reply or the request stays pending.
If an officer is on the Brady listing, does that imply they’ll’t testify?
No. Being positioned on the listing solely signifies that prosecutors need to disclose that officer’s historical past to the protection. If protection attorneys want, they’ll elevate the officer’s credibility points with the choose.
At that time, it’s as much as the choose to determine whether or not or not the officer is credible sufficient to testify.
In uncommon instances, the district legal professional’s workplace has decided an officer may by no means be relied upon to testify. Lovern stated that has solely occurred two or 3 times previously 18 years, and people officers are not employed as legislation enforcement.
If an officer is placed on the Brady listing, can they keep on the drive?
Sure. Simply because a legislation enforcement officer is on the listing doesn’t imply they’re essentially prohibited from testifying. Meaning they’ll nonetheless be helpful as cops, officers say.
Milwaukee Police Chief Jeffrey Norman and Milwaukee County Sheriff Denita Ball say they rigorously contemplate the information and severity of every case earlier than deciding whether or not to maintain an officer on the drive.
The place can I discover Wisconsin’s Brady listing?
In Wisconsin, there is no such thing as a single Brady listing. District legal professional’s workplaces in every county are answerable for sustaining their very own lists.
However there’s no consistency to how prosecutors in Wisconsin keep Brady lists. In an investigation final 12 months, Wisconsin Watch filed data requests with prosecutors in every of the state’s 72 counties. Many denied the data request or stated they didn’t preserve observe. The counties that replied disclosed a listing of about 360 names.
How many individuals are on Milwaukee County’s Brady Record?
You will discover Milwaukee County’s Brady listing right here.
Almost 200 present and former legislation enforcement officers are on the listing, which dates again about 25 years. Some are accused of a number of offenses. Of these on the listing, the bulk are from the Milwaukee Police Division, however almost each suburban police division is represented.
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