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DISCLOSURE DATABASE

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE
AND
____________________________________________

The Harris County District Attorney's Office (HCDAO) and the


_____________________________________are executing this Memorandum of
Understanding (MOU). The parties agree to abide by the terms and provisions of this
MOU.

PURPOSE

Prosecutors are obliged by law and ethical standards to make timely disclosure of
exculpatory, impeaching, and mitigating evidence (Brady evidence) to criminal
defendants. This disclosure obligation also extends to Brady evidence possessed
exclusively by law enforcement and government agencies, including the results of
investigations into misconduct by officers and other employees. This document will refer
to such employees as “recurring government witnesses”.

To ensure that HCDAO has access to potential Brady evidence exclusively maintained
by _______________________________, HCDAO has created a secure Disclosure
Database comprised of Brady evidence potentially relevant and discoverable with
respect to recurring government witnesses.

The purpose of this MOU is to outline HCDAO and _____________________ respective


responsibilities in delivering, receiving, and maintaining information to be included in the
HCDAO Disclosure Database. Adherence to this agreement will ensure that HCDAO
meets its legal and ethical responsibilities of timely providing potential Brady evidence in
criminal cases.

RESPONSIBILITIES OF THE HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE

HCDAO agrees to do the following:

1. Maintain a secure Disclosure Database in accordance with the HCDAO


Disclosure Database Policies and Procedures that are made a part of this MOU
and incorporated herein.

2. Maintain the confidential and work product nature of the Database and provide
disclosure only as necessary to fulfill legal and ethical duties in criminal matters.

3. Allow access to the Disclosure Database by HCDAO prosecutors and


investigators only.
4. Provide confidential information to the Court and/or defendant with a requested
Protective Order, Motion for In Camera Inspection, Motion to Seal, and/or Motion
in Limine as the law and the facts warrant.

5. Provide for timely notice to and response from __________________________


and/or the recurring government witnesses regarding the Disclosure Database
when required by the HCDAO policies and procedures

6. Remove the entry of a recurring government witness in the Database when


findings are unsubstantiated, unsupported, unjustified, unverifiable, or overruled
by administrative or court action.

7. Except from removal entries related to the conduct of a recurring government


witness which tend to negatively reflect on truthfulness, credibility, or the
allegation in the exonerated or acquitted charge has been sustained
administratively.

RESPONSIBILITIES OF ________________________________________

_________________agrees to do the following:

1. Make timely disclosure to HCDAO of all recurring government witnesses subject


to potential impeachment by:

• pending or disposed criminal cases,


• pending criminal investigations,
• administrative investigations resulting in untruthfulness or lack of candor
findings,
• a relief of duty status or administrative suspension due to allegations of
misconduct,
• removal from casework,
• and/or sustained findings regarding on or off-duty misconduct that
reflects adversely on their integrity and/or their area of expertise.

2. Make timely disclosure to HCDAO of any condition, incident, or multiple incidents


of misconduct that may affect the integrity of pending and/or disposed cases with
the potential for triggering mass disclosure, as defined in the Disclosure
Database policies and procedures.

3. Require recurring government witnesses employed by __________________to


disclose potential impeachment information to the prosecuting attorney before
serving a witness in any criminal case or matter. Such impeachment information
includes on and off-duty conduct.
DURATION

The terms of the MOU shall begin on the date the document is signed by the respective
individuals authorized to enter into this agreement and will remain in effect until canceled
by the District Attorney of Harris County or _________________________Either party to
the agreement may cancel this MOU by simply notifying the other party in writing of its
intention to terminate the agreement.

DISAGREEMENTS

Any disagreements between the signatory parties will be brought to the attention of the
District Attorney of Harris County or ________________________________for
resolution. Nothing in this agreement is meant to reduce the current level
of cooperation that exists between the parties.

SIGNATORIES

For the Harris County District Attorney’s Office

____________________________________________
Honorable Kim Ogg
Houston, Texas
Date: ________________________________________

_______________________________________________
_____________________________________________
Houston, Texas
Date: ________________________________________