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is required where there is a reasonable probability that the trial’s result would have been different if the evidence had been dis- closed. The court in Beaman held that the failure to disclose ev- idence that pointed to another suspect was material and should have been tendered.
So, what does that mean to police officers and why has it become such a problem? Simply put, if you as a police officer are found by a judge to have lied, then not only does the de- fendant go free, but in all future cases, this information must be disclosed to the defense and the defendant’s attorney can cross-examine you on the fact that in the past you were found to be not credible. The Cook County State’s Attorney will place you on the “Giglio list,” and you will find yourself to be very unpop- ular in the criminal courts. The State will simply refrain from calling you as a witness. The issue that has come about is that the list has grown, and officers are being placed on the list not due to an intentional misrepresentation in court, but rather a mistake or incomplete answer. Like all things in police reform, the defendants have stronger protections and rights than the officers.
The judge’s incorrect interpretation of your testimony could destroy your career. More and more, we have found that officers are placed on the list due to either bad question-asking by the State or lazy language by the judge. We all agree that truth and honesty should always be practiced by all law enforcement of- ficers. However, with body worn cameras and the prevalence of cell phone videos, officers need to be very careful on how the re- ports are written and on the testimony that is given. That means we need to take time to prepare for our testimony and review the reports and video evidence. Do not let a state’s attorney one year out of law school give you a two-minute prep. Do not as-
sume that they have looked at the case, as they, like you, have many cases, and they, unlike you, will not be ostracized by the court system if a judge finds your testimony incredible to be- lieve. You control the keys to the Giglio list. Use them.
Now, in cases where an officer is placed unjustifiably on the Giglio list, there are things that can be done. In state court, you can petition the court to reconsider. It is very difficult to get a judge to reverse his or her finding, but we have had a small de- gree of success. The motion needs to be filed within 30 days of the ruling, the transcript needs to be reviewed and an argument must be made to show that you did not lie but rather the judge simply has a different opinion of the facts. If I am playing third base and I misjudge a ground ball, it is an error. If I complain that the ball hit a rock and the video shows there was not a rock, I have made an error and I have lied. The first is a mistake; the second goes to my credibility.
In federal court, it is not so easy. There are very few avenues to get back in front of the federal judge to correct the ruling. While being detailed to federal law enforcement or having your gun case picked up by the federal government is an honor, it carries with it many risks. In fact, one may wonder why an officer would volunteer for these types of details, as the exposure is massive, and let’s face it, you are not getting any type of bonus based upon where you testify. Please think hard before you accept this type of assignment. One can appreciate the fact that this subject may be growing old, but it is a real reality. It is a list you do not want to be on. If you write your paper tightly, always review pri- or to testifying and know your case, you should be able to avoid the list. This is an unforced error, and it is avoidable.
BRAVE Police & Public Safety Wellness Center
Help strengthen those who serve
Individual, group and family therapy for issues related to addiction, mood disorders, family and work-related matters, critical inci- dents and post-traumatic stress.
Being Brave Together
Road to Resiliency Program
Trauma & Addiction Tracks Tuesday-Wednesday-Thursday 9 a.m.-Noon
Stress Management Training and First Responder’s Yoga is offered as part of BRAVE Center’s Wellness and Resiliency Program.
BRAVE Police & Public Safety Wellness Center
6323 N. Avondale Avenue, #111B, Chicago, IL 60631 847-778-9322
Meet Meeko, Therapy Dog & drrobinkroll@gmail.com Employee of the BRAVE Center www.bravewellnesscenter.com
Dr. Robin Kroll, owner and Clinical Director of BRAVE Police & Public Safety Wellness Center, is a Board-Certified Police and Public Safety Psychologist.
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