Orlando Sentinel

Worrell: Cops can appeal Brady list

State attorney’s policy allows agency heads to provide updated info

- By Monivette Cordeiro Orlando Sentinel

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.”

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