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 January 25, 2009 in 

Keith Hampton’s editorial in today’s Austin American-Statesman contrasts Travis County District Attorney Rosemary Lehmberg’s new policy of providing defense lawyers with copies of offense reports with Williamson County District Attorney John Bradley’s policy of not allowing defense lawyers to see offense reports:

In leading the way on this cost-saving measure, Lehmberg also
reaffirmed the fundamentals of our system and demonstrated confidence
in the quality of her prosecutors. A prosecutor whose sole aim is to
see justice is done is unafraid that his adversary may be reading from
the same report — after all, an accurate and thorough investigation
convicts the guilty and protects the innocent. Unfortunately,
maintenance of secret police reports is still the norm in some
jurisdictions, such as Williamson County.

The Williamson County district attorney’s office not only denies
counsel copies of reports duly prepared by police agencies, but even
refuses to permit lawyers to read from them. Counsel is entitled to
review the reports only at trial — a little late, if you are the
unfortunate person on trial for a crime you didn’t commit. This attitude reflects a neurotic insecurity about the talent and skill of
its own prosecutors as well as distrust of the honesty and competency
of local law enforcement. Worse, it suggests a need to hide police
reports to maintain an unfair advantage, a policy elevating conviction
rates above the interests of justice. Police reports should enter the
sunshine of the adversary system earlier, more efficiently and more
justly, as state lawmakers are preparing to ensure.

“Neurotic insecurity.” Ouch.

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