LANSING — Lansing Police Chief Daryl Green has been removed from the Ingham County Prosecutor Office’s list of officers who have known credibility issues.
Green was removed from the list after Prosecutor Carol Siemon conducted a review of all 15 police officers on the list and revamped the county’s policy to make the process of being placed on the listfairer.
The Brady list identifies police officers who have committed crimes, lied on the job or whose honesty has been questioned in the past. Offenses can be anything from lying about being sick to perjury in court.
“In my case, there was no gatekeeper process,” Green wrote in an emailed statement. “It involved a disagreement on policy between me and a supervisor on the requirement of a certain type of report form. That misunderstanding, led to me being placed on the Ingham County Brady list without any notice, due process or opportunity to explain my side of the story or argue an appeal.”
In two landmark U.S. Supreme Court rulings – Brady v. Maryland in 1963 and Giglio v. United States in 1972 – the court determined prosecutors have a duty to alert defense attorneys if the credibility of any witnesses, including police officers, has been questioned in the past. That’s where the Brady list comes in.
Green was placed on the list in 2014, when the county first compiled it. He was on the list because of an incident that occurred more than 20 years ago, when he did not file a use-of-force report after helping medical personnel hold someone to a gurney, according to records provided by the prosecutor’s office.
After the patient made a complaint to the department, Green told investigators no force was used because he did not realize his actions would be classified as force, he said. The investigation did not find he used excessive force.
After Green discovered he was on the Brady list this year, he asked Siemon to create a policy that gave officers due process before their name is added.
Officers now are able to refute the allegations that landed them in consideration to be placed on the Brady list, according to Ingham County’s new policy.
“Everyone understands that integrity and objectivity are core components to any job in our society, especially in law enforcement,” Green wrote.
But that doesn’t mean there should not be an objective process to make sure officers on the list actually deserve to be there, Green said.
During Siemon’s review of the list in the past few months, she determined Green and 10 other officers no longer should be included, she said. All but one of the officers removed from the list are no longer employed at police agencies within the county.
Most names were removed because they don’t work in the county anymore and initial discovery has been completed on all criminal cases they were a witness in. Their name will remain on a permanent, non-public list in case a cold case they helped investigate ends up in court in the future.
Three officers remain on the list, and a decision on one Lansing officer has not been made. The remaining officers are from the Michigan State Police, Meridian Township Police Department and the Ingham County Sheriff’s Office.
There is no clear understanding among prosecutors as to best practices for inclusion on the Brady list. It’s not even a requirement for counties to keep a list. Clinton County Prosecutor Chuck Sherman said his office does not have a list or a Brady policy. Eaton County Prosecutor Doug Lloyd has one officer on the list, but does not have a written policy, he said.