By John V. Berry, www.berrylegal.com
One of the latest issues for law enforcement officers, which has come under increasing review involves Giglio-type or Brady-type lists that are compiled by prosecutor's offices and law enforcement employers. The existence of these lists have been both known and unknown to officers, but as the media has increased scrutiny over law enforcement officer-related media events/cases, these types of lists have come under renewed scrutiny. I have also seen cases where prosecutors have disliked a law enforcement officer and unjustly placed them on such a list knowing the employment ramifications for such officers. Frankly, even if well-intended, it is difficult for prosecutors to keep such a list accurate or evenly applied, in our experience. Additionally, if such a list has been developed, it is important to develop strong due process procedures that permit the law enforcement officer to challenge their placement or continued listing on the Giglio-type lists.