Ohio lawmakers have introduced a bill that would allow police officers to challenge their placement on prosecutor-maintained misconduct lists, known as Brady-Giglio lists. The lists track law enforcement officers whose credibility may need to be disclosed to defense attorneys under constitutional requirements.

Background

The Brady-Giglio lists are used by prosecutors to help meet legal obligations established through two U.S. Supreme Court decisions: Brady v. Maryland and Giglio v. United States. These rulings require prosecutors to disclose evidence that could help a defendant or information that could affect the credibility of a government witness.

Currently, Ohio does not have a statewide database of officers on Brady-Giglio lists and does not provide a formal appeals process for officers who believe they were improperly included. The proposed legislation, House Bill 975, would create a legal process allowing police officers to petition a county common pleas court for removal from the lists.

Proposed Legislation

Under the proposed legislation, an officer who believes they were improperly placed on a list could ask a judge to review the decision. The court would hold a hearing where both the officer and the prosecutor who placed the officer on the list could present evidence before a ruling is made.

The bill’s supporters argue that placement on a Brady-Giglio list can have serious professional consequences for officers. Michael Weinman, director of government affairs for the Fraternal Order of Police of Ohio, said he has seen cases where officers were placed on lists unfairly.

The proposed legislation would also require prosecutors to notify officers in writing when they are added to a Brady-Giglio list.

Original reporting: WOWO News/Talk (Fort Wayne) — read the source article.