#LegalEthics Tidbit: If a judge finds a police witness not credible, does the prosecutor have to disclose that finding in other cases?
Yes. The MA Sup. Judicial Ct. held that a judicial finding of adverse credibility against a police witness is exculpatory evidence and must be disclosed. Putting such a police witness on the stand without disclosing the adverse finding is a violation of Mass. R. Prof. C. 3.8(g) (prosecutor cannot avoid unfavorable evidence).
