VN 07 chtdrens = 2 iy wines ae y seis i“ . ‘ COUNTY faiph Chornnoss SIM GILL Jetey Wilar Ha ‘Chief Deputy DISTRICT ATTORNEY Chief Deputy rhea aie Us Astnan Bloke Nakamura sonnoie ety Spot sstce bee BRADYIGIGLIO PROTOCOL ‘The U.S, Supreme Court decision in Giglio v, US interpreted the constitutional guarantee of due ‘process to include a requirement that prosecutors provide defendants with information related to the credibility of the government's material witnesses, To meet that burden and the directions of the Gigtio decision that prosecutors would need to implement “procedures and regulations” to comply with its decision, the District Attomey’s Office is implementing a formal protocol for Giglio related information involving police officers. While prosecutors bear the burden of providing this informetion to defendants, prosecutors must rely upon law enforcement agency partners to disclose Giglio information in the first place. Whether the prosecutors’ constitutional burden is legally satisfied is ioborently dependent upon how diligently law enforcement agencies disclose Giglio information to prosecutors. The protocol the District Attomey is implementing reflects that reality and, notably, is consistent ‘with what law enforcement administrators expressed as their preference in the summit the District Attorney held late last year on this topic. ‘The protocol relies on law enforcement agencies to disclose Giglio information with an accompanying process intended to verify the disclosures, ‘The protocol has two principal aspects: the disclosure of Giglio material by law enforcement to the District Attorney's Office, and the discovery of Gigito materiel by the District Attomey's Office to the defense. A. DISCLOSURE OF GIGLIO MATERIAL BY LAW ENFORCEMENT: ‘The District Attomey’s Office will rely upon law enforcement agencies to disclose and provide Giglio material on its officers. Under Giglio and the line of cases that followed the decision, Giglio disclosures are not simply limited to formal disciplinary actions, and inchude any information that may be used to “impeach a witness officer. Utah Rules of Evidence 608 and 609 outline information that may be used to impeach a witness. ‘The Rules include information xelated to an officer’s reputation for untruthfulness or lack of candor or integrity, information that bears on an officer’s credibility, information reflecting an officer's improper motives including bias and prejudice), and criminal convietions. Since time is of the essence in prosecuting cases, the protocol requests law enforcement agencies to regularly and expeditiously 2001 South Slate Sle, $3700, Sail Lake Cily, Ut 84190-1210 Telephone 385.468, 7700 - Fax 385.468.7800 - www ciskictattorney.slco org +adisclose Giglio material conceming its officers when it becomes aware of the conduct through its own internal policies and practices ‘To verify the information and ensure diligence in the disclosures, the District Attorney's Office will send a report to each law enforcement agency quarterly that summarizes any Giglio ‘materials received in the prior quarter and requesting any additional existing information. ‘The exchange of Giglio material between the District Attorney's Office and law enforcement agencies will be best served if both agencies identify a person who will serve as the point of contact for their respective agency. Deputy District Attomey Will Carlson (wearlson(@slco.org) will serve as the point of contact for the District Attorney's Office. Law enforcement agencies can send the name and contact information for the person who will serve as their point of contact to Mr. Carlson ‘When officers are subpoenaed they will receive a brief questionnaire. It will request officers to ‘identify any information that can be used to impeach their credibility as a witness. ‘The questions aze designed to obtain only impeechable information as outlined by Utah Rules of Evidence 608 and 609. Because the questionnaire is intended to verify the receipt of Giglio information from the officer's agenoy, any responses ideally should mirror Giglio information received from the officer’s agency. Officers will be requested to send their responses to the questionnaire to da-be(@sleo.org as soon as possible, ‘That mailbox will only be monitored by Mr. Carlson. We expect officers to copy their own agency when they provide the completed questionnaire. Ifit is apparent that the officer did not copy their own agency, upon receipt of the completed questionnaire the District Attomey's Office will immediately send a copy of the completed questionnaire to the officer's agency. Depending on the responses, appropriate follow up inguiry will be made with the officer and the officer’s agency. B, DISCOVERY OF G/GLIO MATERIAL TO DEFENSE: Following receipt of possible Giglio material, the District Attomey’s Office will review it to determine whether it meets the definition of Giglio information. Whether the information ‘amounts to Giglio material often is dependent upon the facts of a particular case. As such, the determination of whether the information amounts to Giglio material in fact may not be determined until a subject officer is identified as a material witness in a case. Jf the information clearly is Giglio material, it will be provided to the defense. If the information clearly is not Giglio material, it will not be provided to the defense, Where it is not apparent whether the information is Giglio material, the information will be submitted to the court, ox parte, for an in camera inspection, An ex parte in camera inspection permits the court presiding over the case in question to determine whether the information is discoverable Giglio material without first disclosing the information to the defense. Its important to note that because the determination of whether information is Giglio material often is dependent upon the facts of a particular case, information determined to be Giglio raterial in one case does not mean that the information is Gigtio material for all cases involving the subject officer. Accordingly, the discoverability of Giglio material will be made on a case by case basis. | 220 sou oe Stal San So ake Cy. 34901210 opr 0.770 or LN wom trey FC 09 sortsInformation determined to be Giglio material will be provided to the defense in one of two ways: I. PUBLIC RECORDS: Giglio material contained in a public record will be provided to the defense in discovery without any specific limitation on its use or distribution. If any private, protected, or controlled information is contained in the record, efforts to redact thet information will be made before it is provided, Some examples of public records that may contain Giglio information are court orders, social media posts and media reports I, _ RESTRICTED RECORDS: Records that contain Giglio material that are private, protected, or controlled will only be provided in discovery to the defense pursuant to judicial protective order. The order will restrict the use of the records to the case, preclude copying ot distribution of the records, and require the records to be returned to the court at the conclusion of the case for inciusion inthe official court record. With restricted records, a request to seal the records in the court file will be made. The protective order will be obtained through stipulation of defense counsel or by court order where defense counsel is unwilling to stipulate. ©. CLASSIFICATION AND RETENTION OF GIGLIO MATERIAL: ‘The Governmental Records Access Management Act applies to records that will be shared pursuant (o this protocol, ‘The classification and access of certain records are specifically controlled by the Act. The District Attorney's Office will comply with the Act and classify all records shared pursuant to this protocol consistent with the Act, Records shared pursuant to this protocol will be retain by the District Attomey’s Oftice until the subject officer retires or is no longer certified as a peace officer. Intemal access to the records will be restricted and only shared with prosecutors and staff when the records are relevant to an assigned case. All prosecutors and staff will be directed to not share the records and their contents except as provided in this protocol. 201 Sou stole Stel 53502 So Le Gy. 91 44901210 Tether 38546070. Fax HS. B10 nr SoCs HCO eortt