PHOENIX — The Phoenix Police Department has confusing policies and deficient training when it comes to turning over evidence of officers’ misconduct in criminal cases, according to a new federal court decision.
A judge also ruled that Chief Jeri Williams lacks a basic understanding of her department’s constitutional duty to release “Brady” material.
“In sum, the evidence shows that there is little, if any, training provided by the PPD regarding Brady requirements,” United States District Judge Susan Bolton wrote in her decision. “Deposition testimony showing that a veteran police officer and the Chief of Police exhibit little understanding of officers’ obligations under Brady supports that there is a lack of training about Brady requirements.”
UNDER OATH: Watch Phoenix police chief face tough questions about ‘Brady’ list
The ruling was made in a lawsuit filed by a woman named Frances Salazar.
She was wrongfully convicted in August 2016 and spent nearly two years in prison because evidence of her arresting officer’s history of dishonesty was never disclosed before trial.
Bolton’s order means Salazar’s case will go to trial unless Phoenix settles.
It also further confirms much deeper problems within Phoenix Police. Mainly, the judge raised questions about whether the department is intentionally choosing not to train officers about when they have to disclose their histories of misconduct.
“When viewing the record in Salazar’s favor, there are questions of fact whether the PPD made a deliberate or conscious choice not to train officers about Brady requirements, and whether the unconstitutional consequences of that failure to train are patently obvious,” Bolton wrote.
In 1963, the U.S. Supreme Court in Brady v. Maryland ruled that police and prosecutors cannot withhold exculpatory evidence, including past cases of dishonesty and other misconduct by officers.
That evidence is known as “Brady” material.
As a result, prosecutors began tracking problematic officers by creating “Brady” lists.
DATABASE: ABC15 finds 1,800 officers on AZ ‘Brady’ lists
But ABC15’s ongoing “Full Disclosure” investigation found the system for tracking those officers in Arizona is deeply flawed. Arizona county attorney’s offices almost exclusively rely on police departments to voluntarily report cops for inclusion.
In Salazar’s criminal case, Phoenix failed to report her arresting officer’s documented history of falsely arresting a woman and lying about it.
“It would not be unreasonable for a jury to conclude that Salazar’s injury and her 22-month confinement would have been avoided if PPD had implemented proper training and supervision regarding police officers’ obligations under Brady,” Bolton wrote.
It’s unclear how many defendants have had their constitutional rights violated by Phoenix police.
Salazar’s attorney obtained data and evidence showing the department routinely delayed sending misconduct files for at least 100 “Brady” list officers for hundreds of days on average.
The Phoenix Police Department is under a Department of Justice pattern or practice investigation.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@abc15.com.
