The Hennepin County Attorney’s Office today released the sixth video of its “No Fear or Favor” web series, which shows the inner workings of the Minnesota legislative session and the office’s advocacy work at the Capitol. This episode is available here:
EPISODE SIX: NO FEAR OR FAVOR
This week’s episode focuses on HF4424/SF4411, a bill that would ensure prosecutors can comply with their constitutional obligations to disclose data related to law enforcement credibility to the defense in criminal cases. This obligation, often referred to as “Brady/Giglio,” ultimately leads to fair trials and improves conviction integrity to ensure convictions are not overturned on appeal.
An obstacle to prosecutors’ Brady compliance is the Minnesota Government Data Practices Act, which makes it difficult for prosecutors to access nonpublic data they may be required to disclose to the defense. To access nonpublic data prosecutors may be required to disclose, prosecutors need to go to court to get a court order. This cumbersome process strains prosecutors, courts, and law enforcement agencies that then need to respond to the court order, leading to felony trial delays in Hennepin County.
The passage of this bill, which removes the MGDPA barriers for prosecutors, is crucial to avoiding further trial delays and ensuring prosecutors are complying with their constitutional obligations.
This week’s episode features interviews with the following people:
- Clare Diegel, Director of Professional Standards, Hennepin County Attorney’s Office
- Hannah Martin, Minnesota Association for Criminal Defense Lawyers
- Andrew Markquart, Great North Innocence Project
“Brady/Giglio obligations stem from a U.S. Supreme Court case in 1963 where favorable evidence to a criminal defendant was suppressed by the prosecution,” Hannah Martin of the Minnesota Association for Criminal Defense Lawyers said. “To ensure the right to a fair trial, they granted a mistrial because that evidence was suppressed. That created a new obligation that falls on prosecutors and anybody who is working within their authority, which includes police officers.”
“For a defendant to have due process of law, they need all the evidence that might help them fully defend themselves,” Great North Innocence Project Managing Attorney Andrew Markquart said. “If there are important witnesses and evidence shows they might not be credible, that needs to be turned over to the defense.”
“Honoring Brady/Giglio requirements is important because we want the defendant to have a fair trial,” Director of Professional Standards Clare Diegel said. “When defendants have fair trials, that means people aren’t wrongfully convicted and if there are convictions, they are not overturned on appeal.”
“No Fear or Favor” is a weekly series hosted by Intergovernmental Affairs Manager Jamael Lundy that provides essential updates on public safety bills and on the latest legislative developments impacting safety, equity, and justice in Hennepin County.
Episodes are released on YouTube and on the official Hennepin County Attorney’s Office social media accounts.
Previous episodes of “No Fear or Favor” are linked below.
EPISODE FIVE
This episode takes a look at the intricacies of Sen. Zaynab Mohamed’s SF4015 or the Minnesota Fair Chance Access to Housing Act; a piece of legislation that could impact the housing opportunities of 20 percent of Minnesotans.
EPISODE FOUR
Episode Four features two crucial bills: HF 4215, which provides therapy dogs for first responders, and HF 4366, which aims to expand in-patient bed capacity for greater public safety.
Also appearing in this episode is Elliot Butay, Executive Director of The Minnesota Chapter of NAMI (National Alliance on Mental Illness). Elliot discusses the significance of mental health advocacy and the potential impact of these legislative initiatives on our communities.
EPISODE THREE
Deputy County Attorney Sarah Davis takes the stand at the capitol, advocating for HF3671/SF3694. Discover the insights and perspectives driving this legislative push and how it could shape the future of public safety in our region.
Malaika Eban, Executive Director of the Legal Rights Center, joins to discuss the importance of raising the legal age to criminalize young people from 10 to 13 years old.
EPISODE TWO
Jamael Lundy explains the details of HF 2400, exploring the implications of lifting time limits on evidence of innocence.
This episode includes an interview with Marvin Haynes. Marvin Haynes served 20 years for a wrongful conviction before being exonerated after Hennepin County Attorney Mary Moriarty waived time limitations for new evidence in his case.
Jamael discusses HF3872 and the need to raise jury pay to enhance the diversity of jury pools. Deputy County Attorney Mark Osler joins to discuss the potential impact of raising jury pay.
EPISODE ONE
The first episode of the “No Fear or Favor” series focuses on the office’s support for HF3398/SF3447, commonly referred to as the Victim Services Bill, which provides additional funding and resources for crime victims.
Learn about key components of the funding for victim services bill and how it aims to enhance support for those affected by crime.