Prosecution Fails to Disclose Police Officer’s History of Lying

Although most police officers are good and honest people, like any other profession, there are bad cops that will do just about anything to obtain a conviction. This includes lying about a case while under oath. Thus, the importance of consulting with a California criminal defense attorney to protect your rights when you are accused of a crime.

The Case Against The Defendant

In Milke v. Ryan, the death sentence of a mother accused of conspiring to kill her son was overturned because prosecutors withheld evidence that a detective on the case had a history of lying under oath. In this case, the defendant was accused of murdering her four-year old son.

Having believed that the defendant was involved in the death of her son, the detective interviewed the defendant about her son’s death. During the interview, the defendant started to cry and then opened up to the detective about the most intimate details in her life. The detective claimed that the defendant had confessed everything to him by the end of the interview and even asked whether the court could give her “probation for life” instead of a prison sentence.

However, the defendant’s version of the interrogation differed substantially from the detective’s. She stated that she did not understand the Miranda warnings that the detective read to her and that the detective did not have her sign a Miranda waiver. She also stated that she asked for a lawyer when the detective asked if she wanted the interrogation taped, but the detective ignored her request.

What the Jury Did Not Hear

The law requires that the prosecution produce evidence or information favorable to the defendant’s case even when the defendant does not request such evidence. When the prosecutor fails to disclose such information, it has committed a Brady violation (Brady v. Maryland).

In this case, the defendant argued that the state court never complied with the disclosure requirements set forth in Brady. Even though the defendant complained to the trial court and the appeals court that impeachment evidence was being withheld by the prosecutor, the court never took any action against the prosecutor. The evidence that was withheld in this case was a suspension report in the detective’s personnel file, which showed that he was disciplined for lying on the job, and court records that show that the detective had either lied under oath or violated suspects’ Miranda rights in previous cases.

The Court of Appeals found that a Brady violation had occurred in this case and ordered that the case shall be re-tried in the district court after the state provides the defense counsel with the detective’s personnel file.

California Criminal Defense Attorney

If you or a loved one has been charged with a crime, you need an experienced California Criminal Defense Attorney to represent you. You need an experienced Criminal Defense Attorney to help you do a proper investigation of your case and protect you from police officers and prosecutors when they try to violate your rights.

At Wallin & Klarich, we have been helping those accused of crimes for over 40 years.. We will aggressively defend any person accused of a crime. You should settle for no less than Wallin & Klarich when you or a loved one is facing a serious crime. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.