The Oneida Daily Dispatch (Oneida, NY)

Oneida police chief discusses discovery laws

- By Paul Thompson Paul Thompson is the Chief of Police for the Oneida Police Department.

About a month or so ago, I wrote about the bail reform law which was passed last year as part of the budget bill. Another provision of criminal justice reform that was passed at that same time was an entire rewrite of the discovery laws.

Discovery is the process by which a defendant is apprised by the prosecutio­n of the evidence against him or her. Discovery is an important tool for a defendant who wants to take his/her case to trial. Prior discovery rules may have favored the people (prosecutio­n) in some respects, but this was in no small part because, under our system, the people bear the burden of proving guilt.

With the new discovery laws, defendants now must be automatica­lly provided every bit of evidence that the people have against them within 15 days of arraignmen­t, with almost no exception. This is an enormous burden on both the police and the prosecutio­n and applies even if a defendant has no intention of taking their case to trial. A person cannot plead guilty to an offense until the prosecutio­n verifies that all discovery obligation­s have been met.

Imagine a scenario where a person is charged with a crime where there are multiple witnesses, video and/or photograph­ic evidence and perhaps lab tests. Assume that person just wants to admit to what they did and go to court and plead guilty. Under this set of circumstan­ces, the police and the prosecutio­n would still be required to provide all video recordings, photograph­s, witness statements, and any other evidence to that defendant before they would be allowed to plead guilty.

Certainly, if somebody wants to contest their charges, they should be allowed access to such evidence. In instances where a person doesn’t wish to contest their charges, however, the burden of automatic discovery is time- consuming and onerous and constitute­s an absolute waste of time and resources. Some jurisdicti­ons have expressed an inability to meet the statutory requiremen­ts of this law and have indicated an intention not to prosecute lowerlevel offenses.

Beyond all of this, the law now requires that a defendant be provided the names and addresses of all victims and witnesses within that same time period. This can have a chilling effect on a victim or a witness and may even affect their willingnes­s to cooperate with an investigat­ion. Additional­ly, the law also allows a defendant to petition a judge to be able to visit a crime scene, even if that crime scene is the victim’s home.

While the rights of people who have been accused of a crime shouldn’t be ignored, neither should they trump the rights of innocent citizens who find themselves victims of crime. A solution that is fair to both sides should be the goal and that goal could be achievable if all stakeholde­rs were brought to the table before such sweeping changes were made.

 ?? FILE PHOTOS ?? Police Chief Paul Thompson looks over documents in his office on Wednesday, Oct. 23, 2019.
FILE PHOTOS Police Chief Paul Thompson looks over documents in his office on Wednesday, Oct. 23, 2019.
 ??  ?? Police Chief Paul Thompson speaks at the opening of the Oneida Area Public Safety Day on Saturday, June 1, 2019.
Police Chief Paul Thompson speaks at the opening of the Oneida Area Public Safety Day on Saturday, June 1, 2019.

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