Two cases added to dispute between DA and sheriff

The Cape and Islands District Attorney's Office escalated its dispute with the Dukes County Sheriff's Office on Wednesday, as two of the island's most powerful institutions fought over the prosecutor's demands for the force's disciplinary records of the order.

The DA's office has filed motions in two additional criminal cases in Edgartown District Court, bringing the total to 10 pending cases in which it is asking judges to give the sheriff two weeks to provide so-called Brady documents or hold a hearing that could potentially lead to dismissed cases.

The Brady documents, named for a landmark 1963 Supreme Court decision, refer to exculpatory or impeachment information that prosecutors are legally required to provide to defendants before trial. Defense attorneys should be informed if a police officer involved in a case lied during an official proceeding, for example, or is found to have used racial profiling or excessive force.

In a telephone interview, District Attorney Robert Galibois II said he would file additional motions as cases go to trial if the sheriff does not turn over the personnel records he is seeking. “We will continue to file complaints until our request is met or we seek other remedies,” he told the Times.

One of the motions filed Wednesday involved the case of Devante Santiago, accused of allegedly beating a man outside the Ritz Café in Oak Bluffs early Friday morning. The other case concerned a driving offense and drunkenness and was dismissed on Wednesday.

An affidavit attached to each notice states that the DA's Office sent an updated Brady policy in January to each of the District's 24 law enforcement agencies, requesting the last 20 years of Brady records for officers charged of law enforcement.

Galibois told the Times that two sheriff's offices, those in Dukes and Barnstable counties, had pushed back. He said he was seeking 20 years of records to address the lack of an established Brady policy for his position before his 2022 election.

“We're going back to looking at cases from the past, because historically there hasn't been politics in this office,” he said.

Sheriff Robert Ogden did not respond to several calls this week seeking comment. In a letter to the Times Monday, Ogden said the prosecutor's records requests place an unreasonable burden on his office.

“It is completely unfair to demand that it be made public every time my dedicated staff are targeted by disgruntled or vindictive individuals,” he wrote. “All records provided to his office may become public upon request by anyone. I have enough trouble recruiting and retaining staff. On a small island where almost everyone knows each other, a false accusation can be troubling for a correctional officer as well as his or her family.

Galibois dismissed these concerns as unwarranted. “What we're 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,” he told the Times. “We are not interested in allegations that are found to be false.”

Galibois' office initially filed motions last Thursday seeking Brady's documents in 10 criminal cases. That same day, however, Judge Benjamin Barnes dismissed one of the cases, after the alleged victim in a domestic violence violation case failed to appear in court.

The two offices have been at odds for months over the request for Brady materials.

According to an affidavit filed in court last Thursday by Tara Capola, second assistant district attorney and head of Brady's records unit, Ogden responded to the request for 20 years of records by saying, “It would create an undue burden on them.” to respond to our request. »

On May 22, sheriff's attorney Jack Collins told the prosecutor's office that he would consider a request for the list of current employees. His response a week later, however, did not respond to the former employees' request.

“At this point, the Commonwealth is unable to certify that we have met our Brady obligations in this matter because witnesses from the Sheriff's Department are involved,” Cappola wrote.

Edgartown Police Chief Bruce McNamee told the Times that his department complied with Brady's policy with relative ease, but that the sheriff's office was not comparable to his.

“Compliance with [the Brady policy] it’s not a challenge for Edgartown police,” he said. “However, we are a different agency. The sheriff's department is bigger. There is a lot of turnover. Sometimes their department is a starting point for employees starting their careers… Our look back 20 years and his are quite apples and oranges.