2022 Investigative Summary 9

INVESTIGATION OF ALLEGED FAILURE TO TIMELY PROVIDE DISCOVERY AND MISREPRESENTATIONS TO THE COURT AND DEFENSE COUNSEL

A federal judge forwarded to OPR numerous allegations of professional misconduct raised to the court in a letter from defense counsel in a capital case prosecuted by a U.S. Attorney’s Office and Department attorneys.  Among the many allegations OPR investigated were claims that prosecutors (1) knowingly made false material representations to defense counsel; (2) violated their discovery obligations by failing to timely disclose to the defense favorable information relating to the defendant’s mental health care while incarcerated; and (3) knowingly provided false or misleading information in the government’s court filings.  

Based on the results of its investigation, OPR concluded that a senior Department attorney committed intentional professional misconduct in violation of his obligations under the rules of professional conduct by knowingly making a false statement to defense counsel.  OPR also concluded that two prosecutors exercised poor judgment by filing a court pleading containing misleading information.  Finally, OPR concluded that one prosecutor exercised poor judgment by failing to follow a supervisor’s direction to disclose attorney notes to the defense and by his general inattention to the case.  OPR determined that the evidence was insufficient to support other allegations.  Although the prosecution team should have disclosed certain exculpatory evidence sooner, the defense was able to make effective use of the information because no trial date had been set, and the defense received the information prior to deciding to enter a guilty plea. 

OPR referred the matter concerning the senior Department attorney’s false statement to defense counsel to the Professional Misconduct Review Unit, which subsequently affirmed OPR’s findings and conclusions and authorized OPR to refer the matter to the appropriate state attorney disciplinary authorities.   

Unrelated to OPR’s investigation, the senior Department attorney resigned from the Department.