US - Hundreds of police officers have been labeled liars. Some still help send people to prison.
Posted: Sat Jun 19, 2021 8:44 am
Sadly in court the jury is likely to simply take the police officers do word over the defendant. Especially with no other evidence.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Copied from
https://amp.usatoday.com/amp/2233386001
Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS
October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
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Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS | USA TODAY | 3:26 pm EDT October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
SCOTT DALTON FOR USA TODAY
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
Revat Vara was sentenced to 25 years in prison for a crime he did not commit. He spent 11 years in jail studying law to overturn his conviction.
USA TODAY
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
“Now that you have raised this issue, we will consult with our corporation counsel and our circuit court supervisor about creating and maintaining a list,” Maui County Prosecutor John Kim told the newspaper.
Most prosecutors who don’t keep a Brady list said they don’t need one because they know all of their police officers well.
"I do not have a so-called Brady list. I do not have a written policy," said Steve Giddens, the district attorney in Talladega County, Alabama. "I do not need one to follow the law.”
Others raised concerns about unfairly jeopardizing law enforcement officers’ jobs by placing them on a list based on minor or unfounded accusations.
Unions representing law enforcement officers have been especially outspoken opponents. In California, the union representing Los Angeles County sheriff's deputies went to court to stop the department from disclosing 300 deputies with misconduct histories. The state Supreme Court ruled against the deputies in August.
The lists are not designed to track people who should not be officers. Rather they are a tool prosecutors use to identify those whose past conduct might raise questions about their fairness or truthfulness as a witness in a trial – and require disclosure to defendants.
The argument about maintaining the lists or making them public has led to political battles, especially in cities where newly elected prosecutors have made fighting police misconduct part of their platform.
A training manual for Brady disclosure in the Philadelphia District Attorney’s Office states that the general rule is “Disclose. Disclose. Disclose.”
The tack has put the prosecutor’s office at war with the Philadelphia police union, which called the office’s maintenance of a Brady list a "witch hunt."
In Baltimore, State’s Attorney Marilyn Mosby started forcing officers who could be witnesses to disclose their internal affairs investigations.
Mosby appointed a “criminal discovery liaison” to review all court-related requests for officers’ internal affairs information and send detailed records to prosecutors and other parties within 48 hours.
Mosby said the effort was necessary to increase trust and transparency in the city’s criminal justice system after years of scandal around corrupt police units and the increased tension between residents and police since the death of Freddie Gray while in police custody in 2015.
Last year, the state’s attorney’s office started reviewing court cases involving at least 25 Baltimore police officers because of misconduct charges against them.
Prosecutors recently began asking the courts to vacate nearly 800 convictions that involved testimony or investigations by these officers – and more could be coming as the office continues to gather information.
More than 530 Baltimore police officers have been added to an internal notification system, and defense attorneys are contacted if those officers are considered by prosecutors as witnesses. That list includes 183 officers who, because of their backgrounds, are automatically disclosed to the defense.
For Vara, who spent a decade behind bars for a crime he said he didn’t commit, an easily available Brady list could have changed his life.
At the time of his trial, Houston police and the Harris County prosecutor’s office were aware of Lindsey’s history of misconduct. As part of its last investigation into Lindsey, the police department asked the prosecutor's office to charge him with a crime. The officer resigned rather than answer more questions – months before Vara's trial.
Vara’s attorneys said the case boiled down to Lindsey’s word against Vara’s.
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Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS | USA TODAY | 3:26 pm EDT October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
SCOTT DALTON FOR USA TODAY
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
Revat Vara was sentenced to 25 years in prison for a crime he did not commit. He spent 11 years in jail studying law to overturn his conviction.
USA TODAY
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
“Now that you have raised this issue, we will consult with our corporation counsel and our circuit court supervisor about creating and maintaining a list,” Maui County Prosecutor John Kim told the newspaper.
Most prosecutors who don’t keep a Brady list said they don’t need one because they know all of their police officers well.
"I do not have a so-called Brady list. I do not have a written policy," said Steve Giddens, the district attorney in Talladega County, Alabama. "I do not need one to follow the law.”
Others raised concerns about unfairly jeopardizing law enforcement officers’ jobs by placing them on a list based on minor or unfounded accusations.
Unions representing law enforcement officers have been especially outspoken opponents. In California, the union representing Los Angeles County sheriff's deputies went to court to stop the department from disclosing 300 deputies with misconduct histories. The state Supreme Court ruled against the deputies in August.
The lists are not designed to track people who should not be officers. Rather they are a tool prosecutors use to identify those whose past conduct might raise questions about their fairness or truthfulness as a witness in a trial – and require disclosure to defendants.
The argument about maintaining the lists or making them public has led to political battles, especially in cities where newly elected prosecutors have made fighting police misconduct part of their platform.
A training manual for Brady disclosure in the Philadelphia District Attorney’s Office states that the general rule is “Disclose. Disclose. Disclose.”
The tack has put the prosecutor’s office at war with the Philadelphia police union, which called the office’s maintenance of a Brady list a "witch hunt."
In Baltimore, State’s Attorney Marilyn Mosby started forcing officers who could be witnesses to disclose their internal affairs investigations.
Baltimore State’s Attorney Marilyn Mosby wants police officers' records.
Baltimore State’s Attorney Marilyn Mosby wants police officers' records.
STEVE RUARK/AP
Mosby appointed a “criminal discovery liaison” to review all court-related requests for officers’ internal affairs information and send detailed records to prosecutors and other parties within 48 hours.
Mosby said the effort was necessary to increase trust and transparency in the city’s criminal justice system after years of scandal around corrupt police units and the increased tension between residents and police since the death of Freddie Gray while in police custody in 2015.
Last year, the state’s attorney’s office started reviewing court cases involving at least 25 Baltimore police officers because of misconduct charges against them.
Prosecutors recently began asking the courts to vacate nearly 800 convictions that involved testimony or investigations by these officers – and more could be coming as the office continues to gather information.
More than 530 Baltimore police officers have been added to an internal notification system, and defense attorneys are contacted if those officers are considered by prosecutors as witnesses. That list includes 183 officers who, because of their backgrounds, are automatically disclosed to the defense.
For Vara, who spent a decade behind bars for a crime he said he didn’t commit, an easily available Brady list could have changed his life.
At the time of his trial, Houston police and the Harris County prosecutor’s office were aware of Lindsey’s history of misconduct. As part of its last investigation into Lindsey, the police department asked the prosecutor's office to charge him with a crime. The officer resigned rather than answer more questions – months before Vara's trial.
Vara’s attorneys said the case boiled down to Lindsey’s word against Vara’s.
It's crazy and it's scary how these guys got the power to change your life like that. The badge and that uniform gives them the power to do that.
REVAT VARA, WRONGFULLY CONVICTED IN TEXAS
“There's no breath test, no blood tests,” said Celeste Blackburn, who represented Vara on appeal.
Blackburn said Lindsey was the only police officer present that night to testify that Vara was drunk. In fact, court records indicate the other two officers said the smell of alcohol could have come from the passenger – a drunken buddy with whom Vara had gone out that night to give a safe ride home.
Neither Vara nor his defense lawyer knew about Lindsey’s history at the time of trial.
“It’s crazy and it's scary how these guys got the power to change your life like that,” Vara said. “The badge and that uniform gives them the power to do that.”
A police union attorney informed the Houston Police Department in 2006 that Lindsey would not respond to the allegations, department records show. At Vara's trial, Lindsey testified that he left law enforcement to pursue his love of teaching. He could not be reached for comment for this article.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Copied from
https://amp.usatoday.com/amp/2233386001
Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS
October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
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Sign In
up next
Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS | USA TODAY | 3:26 pm EDT October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
SCOTT DALTON FOR USA TODAY
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
Revat Vara was sentenced to 25 years in prison for a crime he did not commit. He spent 11 years in jail studying law to overturn his conviction.
USA TODAY
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
“Now that you have raised this issue, we will consult with our corporation counsel and our circuit court supervisor about creating and maintaining a list,” Maui County Prosecutor John Kim told the newspaper.
Most prosecutors who don’t keep a Brady list said they don’t need one because they know all of their police officers well.
"I do not have a so-called Brady list. I do not have a written policy," said Steve Giddens, the district attorney in Talladega County, Alabama. "I do not need one to follow the law.”
Others raised concerns about unfairly jeopardizing law enforcement officers’ jobs by placing them on a list based on minor or unfounded accusations.
Unions representing law enforcement officers have been especially outspoken opponents. In California, the union representing Los Angeles County sheriff's deputies went to court to stop the department from disclosing 300 deputies with misconduct histories. The state Supreme Court ruled against the deputies in August.
The lists are not designed to track people who should not be officers. Rather they are a tool prosecutors use to identify those whose past conduct might raise questions about their fairness or truthfulness as a witness in a trial – and require disclosure to defendants.
The argument about maintaining the lists or making them public has led to political battles, especially in cities where newly elected prosecutors have made fighting police misconduct part of their platform.
A training manual for Brady disclosure in the Philadelphia District Attorney’s Office states that the general rule is “Disclose. Disclose. Disclose.”
The tack has put the prosecutor’s office at war with the Philadelphia police union, which called the office’s maintenance of a Brady list a "witch hunt."
In Baltimore, State’s Attorney Marilyn Mosby started forcing officers who could be witnesses to disclose their internal affairs investigations.
Mosby appointed a “criminal discovery liaison” to review all court-related requests for officers’ internal affairs information and send detailed records to prosecutors and other parties within 48 hours.
Mosby said the effort was necessary to increase trust and transparency in the city’s criminal justice system after years of scandal around corrupt police units and the increased tension between residents and police since the death of Freddie Gray while in police custody in 2015.
Last year, the state’s attorney’s office started reviewing court cases involving at least 25 Baltimore police officers because of misconduct charges against them.
Prosecutors recently began asking the courts to vacate nearly 800 convictions that involved testimony or investigations by these officers – and more could be coming as the office continues to gather information.
More than 530 Baltimore police officers have been added to an internal notification system, and defense attorneys are contacted if those officers are considered by prosecutors as witnesses. That list includes 183 officers who, because of their backgrounds, are automatically disclosed to the defense.
For Vara, who spent a decade behind bars for a crime he said he didn’t commit, an easily available Brady list could have changed his life.
At the time of his trial, Houston police and the Harris County prosecutor’s office were aware of Lindsey’s history of misconduct. As part of its last investigation into Lindsey, the police department asked the prosecutor's office to charge him with a crime. The officer resigned rather than answer more questions – months before Vara's trial.
Vara’s attorneys said the case boiled down to Lindsey’s word against Vara’s.
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Sign In
up next
Hundreds of police officers have been labeled liars. Some still help send people to prison.
STEVE REILLY AND MARK NICHOLS | USA TODAY | 3:26 pm EDT October 17, 2019
Revat Vara should not have gone to prison.
One night in 2006, Houston police pulled him over for a missing license plate and told him to walk a straight line.
Vara said that he hadn’t had a drop to drink and that he passed the sobriety test. Officer William Lindsey said otherwise.
At trial, jurors were told about Lindsey’s expertise evaluating drunken drivers. They were told about Vara’s two previous DWIs.
What jurors weren’t told: Officer Lindsey had been found guilty of misconduct by his department 35 times. He was investigated for padding his overtime – by manipulating DWI arrests so he would have to be called to testify – among many other violations.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
Revat Vara spent 11 years in prison because of a missing front license plate and prosecutors' failure to disclose the disciplinary history of the officer who testified against him. Since his exoneration, he's been living in Houston.
SCOTT DALTON FOR USA TODAY
In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison.
What happened to Vara has been unconstitutional for more than 50 years.
The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.
A USA TODAY Network investigation found that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose that information to people whose freedom hinges on the integrity of law enforcement.
Reporters for USA TODAY and its partners, including the Chicago-based Invisible Institute, spent more than a year gathering Brady lists from police and prosecutors in thousands of counties to measure compliance with the landmark 1963 ruling in Brady v. Maryland.
The investigation found:
Thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors.
At least 300 prosecutors’ offices across the nation are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. They include big cities such as Chicago and Little Rock and smaller communities such as Jackson County, Minnesota, and Columbia County, Pennsylvania.
In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.
Others keep lists that are incomplete. USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.
The inconsistent compliance with the Brady requirements comes amid a nationwide debate over law enforcement tactics. A string of killings by police over the past five years in Ferguson, Missouri, Baltimore, Chicago and elsewhere have sparked unrest and a reckoning that put pressure on cities and mayors to crack down on problem officers.
The revelations also come as reversals of wrongful convictions pile up. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018.
Revat Vara was sentenced to 25 years in prison for a crime he did not commit. He spent 11 years in jail studying law to overturn his conviction.
USA TODAY
USA TODAY talked to dozens of prosecutors and police officials across the nation.
Two county prosecutors promised to alter their policies or procedures for complying with Brady’s requirements in response to inquiries from USA TODAY.
“Now that you have raised this issue, we will consult with our corporation counsel and our circuit court supervisor about creating and maintaining a list,” Maui County Prosecutor John Kim told the newspaper.
Most prosecutors who don’t keep a Brady list said they don’t need one because they know all of their police officers well.
"I do not have a so-called Brady list. I do not have a written policy," said Steve Giddens, the district attorney in Talladega County, Alabama. "I do not need one to follow the law.”
Others raised concerns about unfairly jeopardizing law enforcement officers’ jobs by placing them on a list based on minor or unfounded accusations.
Unions representing law enforcement officers have been especially outspoken opponents. In California, the union representing Los Angeles County sheriff's deputies went to court to stop the department from disclosing 300 deputies with misconduct histories. The state Supreme Court ruled against the deputies in August.
The lists are not designed to track people who should not be officers. Rather they are a tool prosecutors use to identify those whose past conduct might raise questions about their fairness or truthfulness as a witness in a trial – and require disclosure to defendants.
The argument about maintaining the lists or making them public has led to political battles, especially in cities where newly elected prosecutors have made fighting police misconduct part of their platform.
A training manual for Brady disclosure in the Philadelphia District Attorney’s Office states that the general rule is “Disclose. Disclose. Disclose.”
The tack has put the prosecutor’s office at war with the Philadelphia police union, which called the office’s maintenance of a Brady list a "witch hunt."
In Baltimore, State’s Attorney Marilyn Mosby started forcing officers who could be witnesses to disclose their internal affairs investigations.
Baltimore State’s Attorney Marilyn Mosby wants police officers' records.
Baltimore State’s Attorney Marilyn Mosby wants police officers' records.
STEVE RUARK/AP
Mosby appointed a “criminal discovery liaison” to review all court-related requests for officers’ internal affairs information and send detailed records to prosecutors and other parties within 48 hours.
Mosby said the effort was necessary to increase trust and transparency in the city’s criminal justice system after years of scandal around corrupt police units and the increased tension between residents and police since the death of Freddie Gray while in police custody in 2015.
Last year, the state’s attorney’s office started reviewing court cases involving at least 25 Baltimore police officers because of misconduct charges against them.
Prosecutors recently began asking the courts to vacate nearly 800 convictions that involved testimony or investigations by these officers – and more could be coming as the office continues to gather information.
More than 530 Baltimore police officers have been added to an internal notification system, and defense attorneys are contacted if those officers are considered by prosecutors as witnesses. That list includes 183 officers who, because of their backgrounds, are automatically disclosed to the defense.
For Vara, who spent a decade behind bars for a crime he said he didn’t commit, an easily available Brady list could have changed his life.
At the time of his trial, Houston police and the Harris County prosecutor’s office were aware of Lindsey’s history of misconduct. As part of its last investigation into Lindsey, the police department asked the prosecutor's office to charge him with a crime. The officer resigned rather than answer more questions – months before Vara's trial.
Vara’s attorneys said the case boiled down to Lindsey’s word against Vara’s.
It's crazy and it's scary how these guys got the power to change your life like that. The badge and that uniform gives them the power to do that.
REVAT VARA, WRONGFULLY CONVICTED IN TEXAS
“There's no breath test, no blood tests,” said Celeste Blackburn, who represented Vara on appeal.
Blackburn said Lindsey was the only police officer present that night to testify that Vara was drunk. In fact, court records indicate the other two officers said the smell of alcohol could have come from the passenger – a drunken buddy with whom Vara had gone out that night to give a safe ride home.
Neither Vara nor his defense lawyer knew about Lindsey’s history at the time of trial.
“It’s crazy and it's scary how these guys got the power to change your life like that,” Vara said. “The badge and that uniform gives them the power to do that.”
A police union attorney informed the Houston Police Department in 2006 that Lindsey would not respond to the allegations, department records show. At Vara's trial, Lindsey testified that he left law enforcement to pursue his love of teaching. He could not be reached for comment for this article.