Opinion
Case No. 01-40018-01-DES
July 26, 2001
MEMORANDUM AND ORDER
This matter is before the court on plaintiff's request for an in camera review of possible exculpatory evidence. Acknowledging its duty to produce exculpatory evidence pursuant to the Federal Rules of Criminal Procedure and United States Supreme Court case law, plaintiff delivered documents to the court for a determination of whether such evidence must be produced under said authorities. For the reasons set forth below, the court finds the evidence need not be produced.
• EVIDENCE UNDER CONSIDERATION
The indictment in this case charges defendant with conspiring to manufacture methamphetamine and for possessing listed chemicals for the purpose of manufacturing methamphetamine. The plaintiff's case is centered on an investigation conducted by the Kansas Bureau of Investigations ("KBI") in conjunction with the Cherokee County Sheriff's Department. The evidence in plaintiff's possession consists of an internal investigation conducted by agents of the KBI on a former Lieutenant Roger Wormington of the Cherokee County Sheriff's Department. The investigation report consists of numerous interviews and submitted records detailing possible wrongdoing by Lt. Wormington. Defendant has requested she be provided with any material or information that might be used to impeach Lt. Wormington.
A complete factual account of this case can be found in United States v. Coble, No. 01-40018, 2001 WL 681580 (D.Kan. May 30, 2001) (denying defendant's motion to suppress).
• STANDARD OF REVIEW
The prosecution's obligation to disclose arises when information in its possession is both favorable to the defendant and material. Brady v. Maryland, 373 U.S. 83 (1963). See also Fed.R.Crim.P. 16(a)(1)(C) (requiring the government to disclose information it possesses that is material to the preparation of the defense). The Supreme Court has stated, "[e]vidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A `reasonable probability' is a probability sufficient to undermine the confidence in the outcome." United States v. Bagley, 473 U.S. 667, 682 (1985).
Impeachment evidence falls within the Brady rule when the reliability of a given witness may be determinative of the defendant's guilt or innocence. Giglio v. United States, 405 U.S. 150, 154 (1972). Impeachment evidence is only material if when "used effectively, it may make the difference between conviction and acquittal." Bagley, 473 U.S. at 676. Stated differently, "impeachment evidence is material if it tends to undermine the credibility of an important government witness." United States v. Hernandez, No. 98-40079, 1999 WL 318090, at *6 (D.Kan. Feb. 23, 1999).
• ANALYSIS
The court has conducted an in camera review of the KBI's investigation to determine whether these documents are material. The court has determined that the report does not contain material evidence requiring its disclosure. The court reaches this conclusion primarily because of the minimal role Lt. Wormington played in the investigation sustaining plaintiff's case. It is clear to the court that Lt. Wormington played only a supporting role in what was primarily a KBI investigation. His putative testimony and accompanying credibility are not significant to this case. In fact, it is presented to the court that Lt. Wormington is not even scheduled to testify for plaintiff. In short, the report does not undermine the credibility of an important government witness.
IT IS THEREFORE BY THIS COURT ORDERED that plaintiff is not required by federal rule or authoritative case law to disclose to defendant the record of the Kansas Bureau of Investigations' investigation of former Lieutenant Roger Wormington of the Cherokee County Sheriff's Department.