Tag Archives: brady

Here’s the Story from NBC regarding Surveillance Cameras I was Quoted

me nbc2b

Atty Spencer Cordell on NBC-2 [Who Dey]

The link is up from last night’s NBC-2 follow-up story regarding use of surveillance cameras. The law is a little unclear, but there’s no doubt the best practice is for law enforcement to get a warrant when they are going to use the cameras: even the guy from the camera company recommends it. And everybody, prosecutors and defense attorneys, agree that when video surveillance is used, it needs to be disclosed when a case goes forward. My friend Rene Suarez, who is quoted at the beginning of the story, makes a great point: if the use of video cameras is not disclosed, it shuts the judicial system out of the analysis regarding the legality of the tactics. That’s eliminating judicial oversight. If nothing is being done inappropriately, the investigators should have nothing to hide.

Here’s a link to the story, I will try to embed it, below.

NBC-2.com WBBH News for Fort Myers, Cape Coral & Naples, Florida

And here’s a link to our story yesterday.

Is Law Enforcement Hiding Video Evidence?

NBC-2, which has been doing several pieces on the use of video cameras by law enforcement, continues to examine concerns about the practice in SW Florida. They ran a story yesterday that indicates that video surveillance is being used, and not disclosed, in the course of certain investigations. The story told by former prosecutor Stephanie Hoffman in that article was especially troubling: law enforcement did not reveal the use of video cameras until the middle of a trial of a drug dealer. The late disclosure meant not only a discovery violation, but that the prosecutor had to reduce the charge and offer probation instead of the mandatory prison sentence because she was afraid if she had gone forward with the trial, that the case would have been thrown out of court.

NBC-2 spoke to me about the story, so watch for the follow up, tonight. I have the benefit of the perspective of having been on both sides since I was a prosecutor before I was a defense attorney. My take, from either side of the aisle is, if there is video being taken, it should be disclosed. The Supreme Court has made it very clear that the government doesn’t just get to use the good evidence and pretend the bad evidence doesn’t exist. The accused has an absolute right to see evidence that may suggest their innocence, known as “Brady Evidence”.

And if I was a prosecutor, and there was video of narcotics traffic at the house of an accused drug dealer, you’re darn right I’m going to want to know about that evidence, too! All evidence that gets collected needs to be disclosed, otherwise we lose confidence in the fairness of the justice system: which is bad for everyone.

Issues Mount for Angela Corey, the George Zimmerman Prosecutor

Angela Corey and assistant prosecutor Bernie de la Rionda

Angela Corey and assistant prosecutor Bernie de la Rionda

She’s being criticized all over for losing the prosecution of George Zimmerman for killing Trayvon Martin, and problems continue to mount for prosecutor Angela Corey. We covered the news that she fired the whistleblower employee , Ben Kruibdos, who revealed that she was unlawfully suppressing evidence on this blog a few days ago when the news broke. As I predicted, a whistleblower lawsuit against Ms. Corey’s office has been announced by Mr. Kruibdos’ attorney. In a bit of delicious irony, the attorney Mr. Kruibdos has retained is himself a former employee of Ms. Corey, who resigned last year due to disagreements with the way she ran the office.

Mr. White was subpoenaed to testify at the hearing for sanctions, and it got pretty contentious when he was examined by prosecutor Bernie de la Rionda, his former boss at the SAO. So, basically Angela Corey’s State Attorney’s Office is kind of a shitshow. Defense attorney Don West was called to the stand during that hearing, alleging under oath that they had caught de la Rionda “hiding the information.” The judge reserved ruling on the discovery violations at that time, saying they would be better handled after the trial.

Now that the trial is concluded, the Defense team is pushing for the issue to be revisited. Mark O’Mara went so far as to tell Reuters, “This is not acceptable, and is not going to be tolerated in any case that I’m involved in.” He continued, ¬†“They are a disgrace to my profession.” That’s the kind of harsh rhetoric that is more likely to come from his co-counsel on the case. Mr. O’Mara’s demeanor has consistently been more low-key, but the alleged violations have really riled him up. And rightly so, if the allegations are true, that the State Attorney’s office deliberately suppressed Brady information, that is a serious breach of the public trust and the right of the Defendant to a fair trial. It will be interesting to continue watching the fireworks.