Worrell: Cops can appeal Brady list
State attorney’s policy allows agency heads to provide updated info
Law enforcement officers identified by prosecutors as having questionable credibility as witnesses can now appeal to be removed from that list under a new policy announced Wednesday by Orange-Osceola State Attorney Monique Worrell.
The appeal process is an update to the office’s Brady policy, which
was implemented by Worrell’s predecessor, Aramis Ayala. Ayala was criticized by law enforcement agencies who said her Brady list deprived officers of due process and risked provable cases being lost because certain officers could not testify.
At a press conference, Worrell and three Central Florida law enforcement leaders hailed their
collaboration on the policy and an agreement that calls for agencies to notify the state attorney when officers have been found to be untruthful, suspended for misconduct or are facing criminal charges.
“We are committed to ensuring that we maintain and restore the public’s trust where it has been impacted by ensuring that those who wear the badge do so honorably,” Worrell said. “... We
believe that the public has a right to know if there is someone who has credibility issues that we would not want testifying.”
The State Attorney’s Office is currently reviewing the Brady list issued by the previous administration and removing the agency affiliation of officers who have resigned or been terminated.
“In the past, the lists that the public and the media have seen are former law enforcement officers that have been terminated, that have resigned, that have retired — and have no impact on the criminal justice system here,” Orange County Sheriff John Mina said.
The Brady list takes its name from Brady v. Maryland, a 1963 U.S. Supreme Court decision that requires prosecutors to turn over all potentially exculpatory evidence to defendants in criminal cases. That includes sharing details that may impeach the credibility of a state witness, including a testifying officer’s misconduct, abuse of authority, arrests or convictions.
Worrell’s new policy allows law enforcement agency heads who believe their employees should be removed from the Brady list to provide new or updated information to the office’s Brady Review Team.
The team will then review the information and vote to either keep the officer on the Brady list or remove them. If the majority approves removal, that recommendation will go to Worrell for a final decision, according to the policy.
“I have made it very clear to our deputies that we expect the highest commitment of professionalism and integrity in their service to our community,” Mina said. “... One of the main reasons that we signed this agreement is to ensure that there was a mechanism in place to have officers and deputies removed from the list if warranted.”
The policy also establishes tiers within the Brady list, ranging from witnesses who committed impeachable offenses but can still testify to those whose offenses have compromised their credibility.
Worrell said officers can be placed on “do not call” status if their credibility is so tainted that it disqualifies them from testifying. The policy does include limited exceptions to that status on the basis of necessity, including when “the evidence of a defendant’s guilt is overwhelming.” The agreement by Worrell’s office was signed by all Osceola County law enforcement agencies and several in Orange County, including the Orlando Police Department, Eatonville Police Department, University of Central Florida Police Department and OCSO.
Law enforcement agencies are already required to notify prosecutors of Brady material but signed the agreement to show they are “committed to transparency,” said Kissimmee Police Chief Jeff O’Dell.
“Although not necessarily a requirement under the law to enter into this [agreement], I felt it was important to demonstrate to Ms. Worrell as she takes office that we are willing to collaborate on matters of mutual interest,” he said.
Orlando Police Chief Orlando Rolón said he knows law enforcement agencies who did not sign the agreement will still hold their personnel accountable.
“I think they’ll continue to monitor how this plays out,” he said. “My personal feeling is that you will see more agencies as it goes forward reconsider whether they’ll sign up with this.”