Dukes County Sheriff’s Office Responds to Favorable Court Ruling in Dispute with District Attorney
Dukes County, MA — September 20, 2024 — The Dukes County Sheriff’s Office is pleased to announce that a Superior Court judge has dismissed the District Attorney’s unfounded claims regarding DCSO’s compliance with the requirement to disclose information concerning staff members going back 20 or more years. This ruling confirms that neither the Dukes County Sheriff’s Office nor Barnstable County Sheriff’s Office has neglected its obligations concerning the disclosure of so-called “Brady material.”
Sheriff Ogden stated, “Our position that the DA’s interpretation of the law was incorrect, and his request was far outside of the scope of the law was supported by a respected and experienced Judge. This decision reinforces our commitment to transparency and accountability within the criminal justice system. We have always complied with lawful requests for information under the Brady-Giglio line of cases and will continue to do so.”
The court found that the District Attorney’s request for records, including those of former employees reaching back 20 years—who have no connection to ongoing criminal cases—was unprecedented and lacked legal grounding. Notably, the position adopted by the Cape and Island’s District Attorney is unique not only in Massachusetts but across the country.
The Sheriff’s Office has consistently demonstrated its commitment to complying with the requirements of the Brady line of cases, which require the disclosure of disciplinary issues of Officers who were involved with a pending criminal case that may call into question their ability to testify with integrity. The Superior Court Judge made clear that it is not within the scope of the District Attorney’s authority to make demands regarding how the Sheriffs operate, and supported the Sheriffs’ position that the Brady line of cases is not meant to support the creation of an historical library of personnel records of employees to assist in the appeal of convicted criminal cases that were closed decades ago. We want to reassure the public and all parties involved that the Sheriff’s Office has and will continue to comply with all lawful requests for information concerning pending criminal cases.
Sheriff Ogden stated, “The publicized misrepresentation of my Office’s good faith effort to support the criminal justice process while holding firm on the boundaries of what is a lawful application of the Brady line of cases has been challenging not to engage in. Unfounded claims can undermine public trust and make it more difficult to attract and retain the talented individuals we need. It is our hope that this finding will allow for all parties involved to maintain a focus on what truly matters: the safety of our communities and the integrity of the criminal justice process.
The Dukes County Sheriff’s Office remains dedicated to fulfilling its responsibilities under Brady and will continue to prioritize cooperation with the District Attorney’s Office and other partners in the justice system. We invite them to do the same.”
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