This is a good thing.
Working to make good on a campaign promise, recently elected Harris County District Attorney Patricia Lykos agreed on Monday to provide copies of police offense reports to criminal defense lawyers, changing the longstanding practice of allowing attorneys to only take notes from reports.One of the most divisive issues in the criminal courthouse, defense lawyers often complain about the hours spent taking notes from a document that prosecutors have instant access to, which can include witness statements, photographs and other evidence prosecutors intend to introduce at trial.
Mark Bennett, president of the Houston's criminal defense lawyers association, gave Lykos high marks for the change in policy.
"It's an excellent move forward," Bennett said.
Assistant District Attorney Scott Durfee said the release of the actual document requires additional safeguards. Prosecutors are now marking out information that is private under Texas open records law, including Social Security numbers and Texas driver's license information.Defense attorneys also have to sign a confidentiality agreement that mandates that the information can be used only for the case at hand. If they don't sign the agreement, Durfee said, they can work to get the information though a formal discovery process.
Anyway. For a more detailed discussion of the ins and outs of this practice, see Murray Newman and Mark Bennett. May there be more reforms like this coming from the DA's office soon.
Posted by Charles Kuffner on March 04, 2009 to Crime and PunishmentI have to say, I don't fully understand why this wasn't always the case. Seems to me this was a petty policy, one designed to hinder the defense bar more than anything else.
We have a winner!! Ding ding ding ding!
Posted by: racymind on March 4, 2009 8:07 AMRedaction is idiotic. What they are doing amounts to "open discovery," which is a quicker way of getting discovery than having to file motions, go to court, etc. If the court ordered the documents produced in discovery, there would be no confidentiality statement and no redactions (you've got to have the full info for the defense to do its own investigation).
That they've added that restriction and that loophole is beyond belief. This is a good reason why the Lege should pass the open discovery bill Harold Dutton introduced to make the practice uniform statewide.
Posted by: Vince Leibowitz on March 5, 2009 2:13 AM