2017 investigative summary 2

Investigation of Alleged Failure to Disclose Exculpatory Evidence; Candor to the Court

A component notified OPR that a court criticized a DOJ attorney for failing to produce to the defense a document containing government promises made to a cooperating witness and failing to correct that witness’ trial testimony that the government had made her no promises in exchange for her testimony.

OPR conducted an investigation and concluded that the attorney acted in reckless disregard of her obligations under Brady, Giglio, Napue, and applicable state bar rules.

OPR referred its findings to the PMRU, which concluded that the DOJ attorney exercised poor judgment in failing to disclose the document in question and acted with reckless disregard of her duty of candor to the court by failing to correct the witness’ misleading trial testimony.

Because the DOJ attorney had resigned from the Department before the PMRU completed its review, no discipline could be imposed. At the direction of the PMRU, OPR notified the former DOJ attorney’s state bar of OPR’s finding.