Massachusetts Court Requires Disclosure
of Exculpatory Statements Made to Victim Advocates
The Supreme Judicial Court of Massachusetts has ruled that a prosecutor’s constitutional duty to disclose exculpatory evidence to a criminal defendant applies to evidence obtained by victim advocates. Such evidence would likely come to the advocates as statements by witnesses with whom they speak. The case is Commonwealth v. Liang, 434 Mass. 131, 747 N.E.2d 112 (2001).
Advocates should relay to prosecutors any information they believe is exculpatory, the court said. An advocate may not recognize exculpatory evidence, though, because she lacks legal training or because she does not know that a witness has given police, prosecutors, or others a different account. “Prosecutors therefore are responsible for asking advocates about their conversations with victims or witnesses, reviewing the advocates' notes, and disclosing any exculpatory evidence therein,” the court said.
The court also ruled, as a matter of Massachusetts law, that non-exculpatory evidence held by an advocate was as discoverable as if it were held by a prosecutor.
The court gave several reasons for applying to advocates both the constitutional and the rule-based discovery obligations of prosecutors. Advocates perform functions that prosecutors have traditionally performed. The Massachusetts Legislature has required prosecutors to support advocates in their services to victims and has included advocates in the victims’ bill of rights’ definition of “prosecutor.” And advocates are generally employed by prosecutors.
Copyright © 2003 David S. Marshall
