District Attorney Sues Dukes County Sheriff

The Cape and Islands District Attorney has sued the Dukes County sheriff in the state's highest court, a significant escalation in the legal fight between two of the Vineyard's most powerful elected officials over access to evidence potential.

Prosecutor Robert Galibois filed suit Monday against Sheriff Robert Ogden in the Massachusetts Supreme Judicial Court, bringing to the Boston court what had been a local battle over Ogden's refusal to provide so-called Brady documents – exculpatory or indictment evidence that the prosecutor is required to provide. providing criminal defendants — on his deputies.

The lawsuit – officially titled Verified Complaint and Request for Mandamus Relief – asks the Supreme Judicial Court to determine whether Ogden refused to perform his lawful duties and, if so, to order him to provide deputies with the Required information. disciplinary files.

The prosecutor filed a similar complaint against Barnstable County Sheriff Donna Buckley, who also refused to turn over her deputies' disciplinary records.

The legal dispute had been brewing since last year, but erupted publicly last month when Galibois filed opinions in 10 criminal cases in Edgartown District Court asking judges to set a two-week deadline for Ogden to compliant, or to hold a hearing on the delay. Galibois later added two cases to the list.

In court documents, Galibois' office said Ogden did not comply with the prosecutor's requests for Brady's documents for months. He said failure to turn over the records could jeopardize ongoing criminal cases.

“What we are looking for is any records of any employee who has been found to be a liar or who has used excessive force, or who has engaged in sexual harassment,” Galibois told the Times on June 5.

Galibois requested 20 years of Brady documents in January from each of the 24 law enforcement agencies in his district.

“Despite multiple requests for compliance and repeated communications from the Commonwealth, [Ogden] remains at least partially non-compliant with the obligations of his office,” reads Monday’s complaint.

The complaint adds that Ogden failed to provide a list of its employees.

“Defendant also refused to provide a list of his current employees so that the Commonwealth could conduct independent investigations into members of the prosecution team,” the complaint states.

The Dukes County Sheriff's Office, according to Ogden, has 49 employees, including 30 deputies in corrections and telecommunications, and the remainder in administration.

Ogden told the Times last week that his office has likely had hundreds of employees over the past 20 years, and called the 20-year request a “gargantuan amount.”

Ogden also told the Times that his office had “reached out” and offered to set up a working agreement for the pending cases.

“I don’t want bad policing on the street either,” he said.

Two of the 12 criminal cases in which the prosecutor filed Brady opinions were dismissed. A domestic violence case was dismissed after the alleged victim failed to appear in court. A drunken driving case was dismissed after the prosecutor told the judge that sheriff's deputies, who administered breath tests and were witnesses, were needed to prosecute the case.

One of the remaining 10 cases involves Devante Santiago, who was charged with multiple felonies in late May for allegedly beating a man outside the Ritz Café in Oak Bluffs, after which the man was hospitalized with injuries.

Ogden told The Times on Friday that he did not want to comment on Galibois' lawsuit filed against him in the Massachusetts Supreme Judicial Court because it was ongoing.