Rachel Rollins' $#!7 list | MassCops

Rachel Rollins' $#!7 list

Discussion in 'Law Enforcement Articles' started by IamTheDude, Oct 1, 2020.

  1. IamTheDude

    IamTheDude MassCops Member

  2. Kilvinsky

    Kilvinsky I think, therefore I'll never be promoted.

    I noticed that Middlesex's list for Feb. 2020 is the exact same as it was for 2013. Have any of these folks been proven NOT to have been untruthful? Accusations (sometimes I've noticed a simple investigation qualifies someone to end up on the list) are not proof. There has to have been one or two (or more?) who were exonerated and how do they get off the list?
     
    mpd61 likes this.
  3. CCCSD

    CCCSD MassCops Member

    She must qualify for the Top Spot on the list.
    It’s obvious bias and she should be recused on ALL cases.
     
    GARDA likes this.
  4. PPD54

    PPD54 Highly Dedicated, Slightly Motivated

    There would be a lawsuit if I was on that list unjustly. Peopleike her are against the sharing of people's CORI information yet she can publish a list of names where someone may have simply been accused of something.

    I'm sure if I won the lawsuit though, she would invoke her qualified immunity.....
     
  5. RodneyFarva

    RodneyFarva Get off my lawn!

    The Worcester DA office sums it up like this:
    Frequently Asked Questions: Brady List
    In recent years, the District Attorney’s Office has received public record requests for so-called “Brady Lists” (sometimes referred to as “Brady/Giglio Lists”). The creation and maintenance of such lists are not required under Massachusetts law. The following questions and answers are provided to assist in understanding this issue.

    1. What are Brady Lists?
    Some law enforcement agencies compile lists of names in an effort to track various forms of misconduct by police officers. Prosecutors use these lists to determine whether they should deem listed officers as unqualified to serve as witnesses due to damaged credibility. Practices vary widely throughout the country. Presently, there are no Massachusetts procedural or substantive standards for inclusion on a Brady List.

    1. Is the Worcester District Attorney’s Office required by law to maintain a Brady List?
    No. The Supreme Court cases of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972), are often cited as the genesis for the so-called Brady List or Brady/Giglio List. Those cases, however, do not mandate the creation of any such list and do not even reference such a list. In both cases, the Supreme Court actually addressed the conduct of a prosecutor, not a police officer. In Brady, the Supreme Court concluded: “We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Brady, 373 U.S. at 87. Similarly, in Giglio, the Supreme Court concluded that the prosecution failed to disclose that it promised a witness “that he would not be prosecuted if he cooperated with the government.” Giglio, 405 U.S. at 153.

    1. If it does not maintain a list, does the Worcester District Attorney’s Office disclose evidence of police misconduct?
    Yes. When the District Attorney’s Office learns of any information favorable to the accused (including misconduct or the reliability of a given witness), such information is immediately disclosed to the defense, and in some instances to the court. In some cases, the District Attorney’s Office takes unilateral action by dismissing a case if the evidence of misconduct or unreliability is manifest. Such disclosures are handled every day on a case-by-case basis under the Massachusetts Rules of Criminal Procedure as well as state and federal appellate decisions. The regularity of such disclosures should not be misunderstood to conclude there is widespread misconduct. To the contrary, the disclosure obligation sweeps very broadly and includes not just instances of suspected misconduct, but also any information that may be helpful to the accused. Also, this obligation is not limited to police witnesses and includes all witnesses.

    1. Why doesn’t the District Attorney’s Office simply keep track of all the disclosures in the form of a list?
    Creation of such a list would be impractical. The broad sweep of disclosures encompasses countless instances that do not rise to the level of misconduct. For example, a prosecutor may learn from discussing the case with an officer that the officer’s memory is not consistent with a police report. Such disclosures are frequent because reports can be written many years before a trial, and memories can fade. This is not misconduct, but it must be disclosed to the defense.

    Creation of such a list would be misleading. For example, a defendant’s testimony may directly contradict a police officer’s testimony. Someone might view such a contradiction as evidence of a lie. While this is possible, it is also possible that one or both witnesses were innocently mistaken, or it is possible that both witnesses saw the same event from different viewpoints and testified truthfully. Our jury system is designed to ferret out the truth by testing the believability of witness testimony. A lack of believability is not, standing alone, proof of misconduct.

    Creation of such a list implicates constitutional protection for the accused officer. Before creating a list that would impair an officer’s employment status, a government agency must provide the officer with an opportunity to be heard and apply identifiable standards for determination. Due process rights are implicated whenever the government impairs a person’s “opportunity to engage at all in a particular occupation, or a particular aspect of an occupation.” Milligan v. Board of Registration in Pharmacy, 348 Mass. 491, 496 (1965) (emphasis added). Due process of law mandates the exercise of sound discretion only “after fair investigation, with such a notice, hearing and opportunity to answer.” Goldsmith v. U.S. Board of Tax Appeals, 270 U.S. 117, 123 (1926). “[P]rocedural due process often requires confrontation and cross-examination of those whose word deprives a person of his livelihood.” Willner v. Committee on Character and Fitness, 373 U.S. 96, 103 (1963). Presently, there are no Massachusetts procedural or substantive standards for inclusion on a Brady List.
     
    NEPS, mpd61, PBC FL Cop and 1 other person like this.
  6. EUPD377

    EUPD377 Southern Campus Cop

    Hmmmmmm no procedural or substantive standards + publicly posted accusatory list = big defamation lawsuit from me if I ever showed up there.
     
    PPD54, mpd61, USAF286 and 3 others like this.
  7. felony

    felony MassCops Member

    I was surprised this hasn't happened sooner in Massachusetts. In Rhode Island, they maintain a list in the courts of Brady/Giglio officers.
     
    mpd61 likes this.
  8. Sooty

    Sooty Administrator

    This reads exactly like an episode of Blue Bloods...
    Frank responds with a bad prosecutor list of his own.
    Agencies might just present some of those baffling cases that got dismissed for no apparent reason...
     
    HistoryHound and Kilvinsky like this.
  9. PBC FL Cop

    PBC FL Cop Subscribing Member

    I know of one situation where an officer had an extramarital affair and was placed on a Brady list due to the prosecutor's belief the officer was untruthful to his marriage therefore not trustworthy as a witness. Slippery slopes!
     
    Sooty, Goose and CCCSD like this.
  10. USAF286

    USAF286 MassCops Member

    I heard rumors she was out riding around with these annoying car clubs that set up in local parking lots...we leave them alone until they start tearing up the lot and driving like assholes. From what I was told, the police were dealing with a group of the car club people and she was spotted..that being said I’m a firm believer of the statement “believe half of what you see and none of what you hear”
     
    Sooty, zm88, CCCSD and 1 other person like this.
  11. k12kop

    k12kop MassCops Member

    She got one of those little loud cars with the coffee can muffler?
     
    CCCSD likes this.
  12. IamTheDude

    IamTheDude MassCops Member

    In general,
    If you have done something to so badly to completely undermine your credibility, odds are you were fired and cant/wont be hired as cop ever again, making this list pointless.
    I just have concerns that such a list exists and what this could potentially evolve into
     
    mpd61 and CCCSD like this.
  13. EUPD377

    EUPD377 Southern Campus Cop

    We have Brady lists here in N.C. too but they are not posted publicly. The main issue I see from a civil liability standpoint is the public accusations being leveled by this list. Our lists are revealed to defense attorneys and it is something that can be dealt with in court. Handing them out to the media as a publicity stunt is a whole nother situation.
     
    PPD54, CCCSD and Goose like this.
  14. DPH1992

    DPH1992 MassCops Member

    I'll probably end up on her shit list eventually, can't stand her. She reminds me of Fiona from the movie Shrek.
     
    CCCSD likes this.
  15. kdk240

    kdk240 MassCops Member

    Cant stand Her. I've worked for a couple of depts now and I can say for certain that Her, d.a. Ryan and the a.g. are and will.be the downfall of the criminal justice system in this state. thank God I now work in a neighboring jurisdiction where one.of our d.a's and his staff have some not a ton but enough balls. (Rare for ma i know)
     
    CCCSD likes this.
  16. NEPS

    NEPS 75th N.H.P.A.

    Stand by for training soon from Law Enforcement Dimensions on "The Brady List."

     
    PPD54 likes this.

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