Overview
On August 17, 2022, Law360 published an article by Brian Heberlig, Bruce Bishop, and Nicholas Silverman titled "The Trouble With Gov't Interview Notes In Criminal Defense." The article discusses the application of Brady v. Maryland (which obligates the prosecution to produce evidence favorable to the defense) to witness interviews. It summarizes the recent case of US v. Peavler, in which the government chose to dismiss a criminal case with prejudice rather than participate in court-ordered depositions regarding whether FBI had misrepresented witnesses’ interview statements.
In the piece the authors write, "The Peavler court's nontraditional remedy — allowing depositions to discover such inaccuracies — is a model for other courts facing the issue. And the Peavler prosecution's reaction — dismissing the case rather than going through with the depositions — suggests that such inaccuracies may be more widespread than acknowledged."
Read the full article on Law360.
