Cop Out? Government Can't Withhold Metadata of a Police Report When it
Relates to the Prior Conduct
The court said the defendant was completely entitled to this data for three
reasons: 1) Officer McHale's credibility affects the determination of guilt
or innocence, so the metadata is both relevant and admissible regarding
Officer McHale's testimony; 2) the metadata was not otherwise procurable in
advance of trial and was needed to support the defendant's claim that he
never said the incriminating statements; and 3) the metadata did not have
the sensitivity of its contents that a request for internal disciplinary
records did, and therefore it did not have to be brought to court to be
viewed. A Rule 17(c) subpoena was granted for the metadata in its entirety
to be delivered to the defense counsel.
http://bit.ly/1gqpBvo
Source:
http://ellblog.com/cop-out-government-cant-withhold-metadata-of-a-police-report-when-it-relates-to-the-prior-conduct-of-an-arresting-officer-in-a-criminal-case/
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