2019 INVESTIGATIVE SUMMARY 16

INVESTIGATION OF ALLEGED FAILURE TO PROVIDE IMPEACHMENT INFORMATION; LACK OF CANDOR

A Special Assistant U.S. Attorney allegedly failed to disclose information prior to a criminal trial that the defense might have used to support its contention that agents coerced civilian witnesses to falsely identify the defendant.  The Department attorney also allegedly failed to disclose prior to trial that photo spreads, which had been provided to the defense in pretrial discovery, were defective because they misidentified the agents who administered them to the civilian witnesses.  The Department attorney allegedly failed to disclose the defects in the photo spreads based on advice from a supervising attorney.  At trial, the Department attorney allegedly presented misleading testimony by a civilian witness and an agent regarding the identity of the agent who administered the photo spread to the civilian witness and the agent who allegedly coerced the civilian witness.  In addition, the Department attorney allegedly committed several violations of her duty of candor to the court relating to the photo spread defects.

Based on the results of its investigation, OPR concluded that the Department attorney engaged in professional misconduct in violation of her discovery obligations and that the supervising attorney exercised poor judgment.  OPR also concluded that the Department attorney engaged in professional misconduct in violation of her duty to correct and not to present false testimony and her duty of candor to the court.