Information to Discredit Government Evidence

It is essential to obtain all relevant information about agents that have interviewed a witness or defendant. This includes prior backgrounds or training that can be used to undermine their credibility. It also includes the agents’ personnel files. The seminal case of United States v. Henthorn, 931 F.2d (9th Cir. 1991) allows for this sort of information to be provided to a defendant. A government has a duty to examine the personnel files of the law enforcement officers involved as witnesses if a defendant requests production of the files. Defense counsel has the right to request that prosecution review an FBI agent’s personnel files for past instances of dishonesty or misconduct under Brady. However, this right is limited to federal personnel only.

Under the Brady doctrine a defendant has a right to request all material that tends to impeach a government witness or in general provides exculpatory information that could cast doubt on the government’s case in chief. This includes any formal or informal promises to reward a witness who shows bias. Defense counsel should request that the discovery order be continuing. The government may not wait until the eve of trial to disclose information it had readily available for months because this prejudice can impact the defense in a significant way so that the case must be dismissed or the material stricken. Other relief includes granting a continuance so that defense can proceed with a proper investigation. It is possible to obtain relief based on filing a writ of habeas corpus or motion for new trial for evidence that was previously not disclosed even after the case is over for the prosecution’s failure to make timely disclosure of relevant material.