I have a client who was charged with misdemeanor possession of marijuana. The offense report stated that one of the Houston Police Department Officers was wearing a body camera, and that he successfully uploaded it to the mainframe.
Okay, great! Nine months pass from the date of the arrest to the first trial setting, and I had not yet been provided the bodycam footage. It wasn't until that very morning that the police officer brought CDs containing the footage.
Can you believe that?! Well, unfortunately, you should. I filed a discovery order. Judge Fields signed the discovery order, but that didn't matter to the State, apparently.
I ask to approach on the record. I tell Judge Fields what has and has not happened. He said that since bodycams are new technologies, he will give the prosecutor a break for not turning over potential Brady evidence in a timely manner. Shocking, but not surprising. The baby ADA had the misguided judgement to tell Judge Fields that "defense counsel did not do his due diligence." For any prosecutors who might be reading this, or defense attorneys for that matter, IT IS THE PROSECUTOR'S BURDEN TO PRODUCE EVIDENCE. All you have to do, arguably, is file a discovery order and get it signed by the judge.
As far as bodycams go, apparently they are not uploaded the same way or to the same place as dashcam videos. I will trial to get some policy on the record at trial.
The case is set for trial on 4/20! How appropriate?! Hopefully we can get a two word verdict along with a side of JUSTICE!
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