We now have undeniable evidence that Phoenix VA Police Department (PHXVAPD) leadership is disregarding Brady/Giglio disclosure requirements in violation of the Due Process Protections Act of 2020. This failure undermines transparency, prevents the disclosure of critical impeachment and exculpatory evidence, and jeopardizes the constitutional rights of those arrested.

Brady v. Maryland (1963) and Giglio v. United States (1972) require law enforcement and prosecutors to disclose evidence that could exonerate a defendant or impeach the credibility of a government witness. The Due Process Protections Act of 2020 further reinforced these requirements by ensuring that courts hold the government accountable for disclosure obligations. However, PHXVAPD leadership has failed to ensure compliance with these federal mandates.

🔍 How PHXVAPD is Avoiding Accountability for Brady/Giglio Disclosures

🚨 PHXVAPD leadership dismisses online and unofficial Brady/Giglio lists, such as "giglio-bradylist.com", as "fake" and incorrectly claims that only court-ordered disclosures are valid.

🚨 This creates obstacles to identifying officers with known credibility concerns and undermines the disclosure process required under federal law.

🚨 By bypassing proper judicial review, PHXVAPD avoids transparency and accountability, leaving critical Brady/Giglio information unaddressed.

📌 Brady/Giglio obligations apply regardless of whether a court has formally designated an officer. If an officer has documented credibility issues, that information must be disclosed to defendants and the courts.

⚖️ Reference to Rule 5(a) & 5(b): The Role of Judicial Oversight

The Federal Rules of Criminal Procedure (FRCP) 5(a) and 5(b) ensure due process for individuals arrested under federal authority:

✅ Rule 5(a)(1)(A): Requires that anyone arrested (with or without a warrant) must be brought before a magistrate judge "without unnecessary delay."

✅ Rule 5(b): Requires that if a defendant is arrested without a warrant, a complaint meeting probable cause requirements must be promptly filed in the district where the offense occurred.

🚨 PHXVAPD is conducting warrantless arrests but failing to take individuals before a magistrate judge, as required by federal law.

🚨 PHXVAPD incorrectly believes that Rule 58, which governs petty offenses, absolves them from bringing individuals before a magistrate after a warrantless custodial (physical) arrest. However, Rule 58 only dictates case processing procedures and does not eliminate the Rule 5 requirement to promptly present an arrestee before a magistrate judge following a warrantless custodial arrest.

🚨 Instead of filing a criminal complaint in district court as required under Rule 5(b), PHXVAPD issues individuals a United States District Court Violation Notice (USDCVN), which is forwarded to the Central Violations Bureau (CVB).

🚨 The CVB processes these citations and sends them to the U.S. District Court, delaying judicial oversight and preventing timely legal challenges to warrantless arrests.

🚨 By the time defendants receive a court date, an AUSA often reviews the citations and probable cause statements before the individual sees a judge. In many cases, defendants are given the option to pay fines or collateral, effectively resolving the case without ever appearing before a judge for a probable cause determination.

📌 This practice deprives defendants of their right to due process, denies them access to a magistrate judge as required under Rule 5, and allows PHXVAPD to avoid scrutiny of Brady/Giglio disclosures.

🛑 Consequences of These Due Process Failures

✔ Obstruction of Justice – Failure to disclose Brady/Giglio evidence and bypassing judicial oversight undermines the fairness of the justice system.

✔ Civil Rights Violations (42 U.S.C. § 1983 & Bivens Claims) – Defendants denied access to Brady/Giglio information or proper judicial review may have grounds for legal action.

✔ Potential Case Dismissals & DOJ Investigations – Federal courts could dismiss charges where Brady/Giglio requirements were ignored, and the DOJ may investigate systemic issues at PHXVAPD.

📢 CALL TO ACTION: Demand Justice and Accountability

PHXVAPD must comply with federal law, ensure transparency, and uphold due process protections. We demand:

🔹 A DOJ investigation into PHXVAPD’s handling of Brady/Giglio disclosures and compliance with the Due Process Protections Act.

🔹 A full review of PHXVAPD’s arrest procedures to ensure they align with Rule 5 and constitutional requirements.

🔹 Congressional oversight hearings to address systemic VA Police misconduct and due process violations.

📢 SIGN & SHARE THIS PETITION to demand accountability and uphold constitutional rights. Due process is not optional—it’s a right. VA Police must be held to the highest standards of law and accountability.