A report came on Wednesday after a decision was made to uphold the firing of officer Erik Andrade that reported over 100 current and former Milwaukee police officers are sitting on a Brady-Giglio list.
The officers on the Brady-Giglio list are officers that the District Attorney’s office believes may be problematic, due to either part-taking in questionable acts or being accused of part-taking in questionable acts.
The Brady list was created in 1963, after a U.S. Supreme Court hearing of Brady v. Maryland. The Supreme Court ruled that prosecutors have an obligation to disclose to the defense any and all evidence, including exculpatory evidence, that may benefit the defense.
Eleven years later after the Brady v. Maryland case*,* the Giglio v. United States case entered the court house.
Chief Justice Burger stated in Giglio v. United States:
“When the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within this general rule.”
The general rule the Chief Justice was referring to was exculpatory disclosure.
One of the ways to be put on the Brady-Giglio list is by lying about breaking a law or policy. Though some departments fire officers on the spot, such as the Arkansas and New York State Police, due to having a zero-tolerance policy when it comes to officers lying not every department does. California has a statute, CA Gov. Code §3305.5(a), which states an officer can not be fired or denied a promotion for being on the Brady list.
“(a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83 .”
When the concerns regarding the list was brought to the attention of the head of the Public Safety and Health Committee by [TMJ4](by TMJ4), both Alderman Bob Donovan and Alderman Terry Witkowski were unaware of the list.
“You wonder why they’re police officers or why they’re still police officers if they’re not credible.”
“It’s frustrating certainly that we weren’t made aware that this exists.”
Chief Alfonso Morales, also made a statement regarding the Brady-Giglio list.
“By removing that tool, the ability to testify, that basically puts me as a leader of the city of Milwaukee Police Department in a position to say I can’t use this officer out on the streets,” Morales stated, according [TMJ4](by TMJ4).
Currently, the list the District Attorney’s office has contains the names of 156 law enforcement officers, meaning that 40 come from other departments.
This is not the first time that the department has made headlines recently.
In September, an officer was fired for using his service weapon while drunk.