DOCUMENT 57

ELECTRONICALLY FILED
9/19/2023 3:50 PM
47-CC-2021-002762.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
Defense Motion #14

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

STATE OF ALABAMA, )
)
) CASE NO.: CC-21-2762 CMC
v. )
)
)
LAJEROMENY BROWN, )
)
Defendant. )

MOTION TO REVEAL CONFIDENTIAL INFORMANT AND RELATED

DISCOVERY

The Defendant LaJermony Brown asks this Honorable Court to order that the State

produce for inspection by the Defendant information related to the confidential informant

used in this case including the name, deals entered with the informant (formally or

informally), and any interviews conducted relating to this charge or the alleged criminal

act that led to these charges. As grounds, he would state the following:

1. The State is required to disclose the identity of any material witness/witnesses

under the authority of the minimum standards of protection laid out by the Supreme

Court in Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957).

In Roviaro, the Court held that if a confidential informer is a material witness, i.e.,

an active participant in the illegal transaction which leads to the charges brought

against the accused, then the accused is entitled to learn from the State the identity

of the confidential informant and his address. Alabama’s courts have consistently

followed these rulings. See, Self v. State, 420 So.2d 798 (Ala. 1982), Kilgore v.

State, 50 Ala.App. 501, 280 So.2d 206 (1973), Hatton v. State, 359 So.2d 822 (Ala.

Crim. App. 1977), writ quashed, 359 So.2d 832 (Ala. 1978).
 DOCUMENT 57

2. Due Process requires that the items be revealed to the defense. See Giglio v. United

States, 405 U.S. 150 (1972); Napue v. Illinois, 369 U.S. 264 (1959); Brady v.

Maryland, 373 U.S. 83 (1963); United States v. Pitt, 717 F.2d 1334 (11th Cir. 1983);

Ex parte Monk, 557 So. 2d 832 (1989); Ex parte Geeslin, 505 So. 2d 1246 (Ala.

1986).

3. Undersigned counsel have requested any information on, documents prepared by,

or interviews recorded of the confidential informant (who is unknown to the

Defense beyond a nickname) regarding what happened the day of the offense.

4. The State has alleged that they do not have any of this information in their

possession and were going to contact the investigator to ensure they did not have

any either.

5. This discovery material’s existence is consistent with the conduct of the investigator

and the other officers in the case given the volumous discovery provided to counsel

regarding each of their actions during the alleged crime. It is difficult to believe that

all of these interviews would be conducted without interviewing the confidential

informant.

6. Given the foregoing, Mr. Brown asks that this Court order the following facts and

information be disclosed to the Defendant, at minimum:

a. The full name and address of each confidential informant or witness upon

whose statements the investigation of the accused was predicated, and all

the information that was related to law enforcement officials, including, but

not limited to, the names, addresses and substance of information of the

confidential informant(s) and/or witnesses who advised Investigators of the

 DOCUMENT 57

Madison County Sheriff’s Department or any other law enforcement agency

that Mr. Brown had or was about to commit a criminal offense;

b. The full nature and extent of all immunity, express or implied, granted to

each informant and to any witness (whether she or he testified at trial or

not), including the nature and detail of all crimes for which immunity was

granted;

c. The nature of any consideration that has been given or promised to any

individual by the State that relates to the investigation and prosecution of

this crime, including the nature and details of any consideration given or

promised;

d. Whether any threats, force, promises, inducements, or any other such

devices were used to make or induce any individual relate information to

the state that relates to the investigation and prosecution of this crime,

including the nature and details of any such devices used; and

e. All records, notes, memoranda, and documents in possession of the state

relating to the grant of immunity, promises, consideration, threats or any

other state and any of its law enforcement or other agencies.

f. Witness Deals: All promises, agreements or deals offered by the

government to any witness, or others, concerning rewards, fees, expenses,

immunity, leniency, special treatment; and, agreements to dismiss, reduce

(or not bring) charges.

g. Uncharged Misconduct: Any information showing that any witness, or

confidential informant, has engaged in criminal activity but has not been
 DOCUMENT 57

charged with such misconduct; (i.e. drug activities, entrapped other

defendants, etc.).

h. Criminal Record: The criminal record of each witness for the government

showing every conviction or probation for felony or misdemeanor

involving moral turpitude which is admissible for impeachment under

Rule 609 of the Alabama Rules of Evidence.

i. Interviews: Any interviews (video or audio) conducted by the State or any

of its officers after the crime alleged in the indictment as well as any

summaries, notes, records, memoranda, or any other documents.

The Defendant therefore requests that this Court enter an order requiring that this

information be provided as this is a death eligible case and “death is different” as well as

the case law cited above.

WHEREFORE, PREMISES CONSIDERED, Mr. Brown moves this

Honorable Court to enter an Order continuing this case based on the foregoing
reasons.

/s/ Bruce A. Gardner /s/ C. Eric Wood

Bruce A. Gardner (GAR 019) C. Eric Wood (WOO 090)
Attorney for Defendant Attorney for Defendant
333 Franklin Street SE 7525 Memorial Pkwy., SW
Suite 400 Suite D
Huntsville, AL 35801 Huntsville, AL 35802
(256) 533-5756 (256) 533-2000

CERTIFICATE OF SERVICE

I hereby certify that I have delivered a copy of this document to the District
Attorney’s Office, by placing a copy in their box at the Madison County Courthouse,
and/or electronically filed this document using the AlaFile system which will send
such notice, on this the 19th day of September, 2023.

/s/Bruce A. Gardner /s/ C. Eric Wood

Bruce A. Gardner (GAR 019) C. Eric Wood (WOO 090)