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U.S. v. Henthorn

United States Court of Appeals, Ninth Circuit
Apr 18, 1991
931 F.2d 29 (9th Cir. 1991)

Summary

holding that “the district court erred in denying plaintiff's discovery request for impeachment material contained in the testifying officers' personnel files” and remanding for in camera review of those files

Summary of this case from Briggs v. Yi

Opinion

No. 88-5299.

Submitted October 2, 1990.

The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed.R.App.P. 34(a).

Decided April 18, 1991.

Donald G. Henthorn, pro se.

Roger W. Haines, Jr., Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of California; Howard B. Turrentine, District Judge.

Before PREGERSON, REINHARDT and HALL, Circuit Judges.



I.

Donald Gene Henthorn appeals his conviction following a jury trial for conspiring with 17 other individuals to import and possess cocaine with the intent to distribute, and for travel in interstate and foreign commerce in aid of racketeering enterprises. Henthorn claims, inter alia, that the district court erred in denying his discovery request for impeachment material contained in the testifying officers' personnel files. We agree and remand to allow the district court to review the officers' personnel files in camera.

Appellant raises a number of other issues which we resolve in a separate memorandum disposition filed concurrently herewith. Our disposition of the issues in the memorandum does not affect the relief we order here.

II.

In December of 1986, a federal grand jury indicted appellant, Donald Gene Henthorn, and seventeen others for conspiracy to import cocaine ( 21 U.S.C. § 952, 960, 963) (count 1); conspiracy to possess cocaine with intent to distribute ( 21 U.S.C. § 841(a)(1), 846) (count 2); conspiracy to transport monetary instruments of more than $10,000 to or from the United States (count 3) [Henthorn was not charged in this count]; and travel in interstate and foreign commerce in aid of racketeering enterprises ( 18 U.S.C. § 1952(a)(3)) (count 4). Following his conviction by jury on all counts in which he was charged, Henthorn was sentenced to 10 years imprisonment and five years probation.

Prior to trial, Henthorn's counsel moved the district court to order the prosecution "to produce the personnel files of all law enforcement witnesses whom it intends to call at the trial . . . for evidence of perjurious conduct or other like dishonesty, in camera, to determine if those portions of the officers' personnel files ought to be made available to defense counsel for impeachment purposes." The government, in opposition to the motion, stated that it had no obligation to examine the personnel files absent a showing by the defendant that they contained information material to his defense. The district court denied Henthorn's discovery motion on the ground that defendant failed to make a showing of materiality, concluding that the defendant has the obligation of identifying a specific wrongdoing before receiving an in camera inspection of the files.

In United States v. Cadet, 727 F.2d 1453 (9th Cir. 1984), we set forth the procedure the prosecution must follow when confronted with a request by a defendant for the personnel files of testifying officers. We stated that the government must "disclose information favorable to the defense that meets the appropriate standard of materiality . . . . If the prosecution is uncertain about the materiality of information within its possession, it may submit the information to the trial court for an in camera inspection and evaluation . . . ." Id. at 1467-68. As we noted in Cadet, the government has a duty to examine personnel files upon a defendant's request for their production. See id. at 1467. Absent such an examination, it cannot ordinarily determine whether it is obligated to turn over the files.

The government is incorrect in its assertion that it is the defendant's burden to make an initial showing of materiality. The obligation to examine the files arises by virtue of the making of a demand for their production. However, following that examination, the files need not be furnished to the defendant or the court unless they contain information that is or may be material to the defendant's case. Here, the record shows that the government failed to examine the files of Customs Agent Ronald Ingleby and DEA Special Agent Michael Harper. This constituted error.

Henthorn also requested that the government examine the files of LAPD Detective Gary Bitterolf. We need not reach the issue whether the prosecution had an obligation to examine his files, as the record shows that Bitterolf did not testify at trial.

To determine the consequences of the government's error, we follow the approach set forth in Cadet. There, because the government failed to inspect the files we directed that the district court do so. Accordingly, we remand to allow the district court to conduct an in camera examination of the files of Agents Ingleby and Harper. See Cadet, 727 F.2d at 1470. The district court shall determine whether information in the files should have been disclosed and, if so, whether appellant is entitled to a new trial, or whether, "nondisclosure was harmless beyond a reasonable doubt." Pennsylvania v. Ritchie, 480 U.S. 39, 58, 107 S.Ct. 989, 1002, 94 L.Ed.2d 40 (1987).

REMANDED for further proceedings in conformance with this opinion.


Summaries of

U.S. v. Henthorn

United States Court of Appeals, Ninth Circuit
Apr 18, 1991
931 F.2d 29 (9th Cir. 1991)

holding that “the district court erred in denying plaintiff's discovery request for impeachment material contained in the testifying officers' personnel files” and remanding for in camera review of those files

Summary of this case from Briggs v. Yi

holding "impeachment material contained in testifying officers' personnel files" to be discoverable

Summary of this case from United States v. Campos-Atrisco

holding that the defendant does not have to make an initial showing of materiality before the government is required to examine personnel files

Summary of this case from United States v. Bird

In United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991), we held that the government has a duty to examine the personnel files of testifying law enforcement officers for Brady material.

Summary of this case from United States v. Herring

In United States v. Henthorn, 931 F.2d at 31, we held that the government has a duty to produce personnel files requested by the defense if the information in the files is material to the defense.

Summary of this case from U.S. v. Calise

In United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991), we held that the government has a duty to examine the personnel files of law enforcement officers it intends to call as witnesses if a defendant requests production of the files.

Summary of this case from U.S. v. Jennings

In Henthorn, the Ninth Circuit required prosecutors to examine the files of testifying law enforcement and to furnish the files to the defendant or the court if it contained material information.

Summary of this case from United States v. Rojas-Soperanes

In Henthorn, the Ninth Circuit found that the "obligation to examine the files arises by virtue of the making of a demand for their production."

Summary of this case from United States v. Tilton

requiring disclosure of impeachment evidence

Summary of this case from United States v. Landin-Ramos

In Henthorn, the Ninth Circuit Court of Appeals clarified that the government has an obligation to examine the files of testifying law enforcement officers and must "disclose information favorable to the defense that meets the appropriate standard of materiality."

Summary of this case from United States v. Aleck

In Henthorn, the Ninth Circuit held that when a defendant requests the personnel files of testifying officers the prosecution must disclose information favorable to the defense that meets the appropriate standard of materiality.

Summary of this case from United States v. Benvin

In Henthorn, a cocaine conspiracy case, the court held that the defendant has no preliminary burden of showing materiality but need only make a demand for production to trigger the government's obligation.

Summary of this case from United States v. Rivaz-Felix

In Henthorn, the Ninth Circuit held that the government has a duty upon request to examine the personnel files of its law enforcement witnesses and disclose information material to witness credibility.

Summary of this case from United States v. Rivaz-Felix

In Henthorn, the court specifically did not reach the issue of whether the personnel file of the LAPD detective involved in the federal investigation must be reviewed.

Summary of this case from United States v. Rivaz-Felix

In Henthorn, the Ninth Circuit held that the government has a duty upon request to examine the personnel files of its law enforcement witnesses and disclose information material to witness credibility.

Summary of this case from U.S. v. Damante

In United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991), the United States Court of Appeals for the Ninth Circuit noted that the United States has a duty, upon request from the defendant, to review personnel files of testifying officers and to disclose information material to the defendant's case.

Summary of this case from U.S. v. Huerta-Rodriguez

In United States v. Henthorn, 931 F.2d 29, 30-31 (9th Cir. 1991), the Ninth Circuit held that when the defense asks for release of the personnel files of officers who will testify, the government must undertake a review and "disclose information favorable to the defense that meets the appropriate standard of materiality.... "

Summary of this case from United States v. Caza

In Henthorn, the Ninth Circuit stated that the defendant did not have to make an initial showing of materiality; rather, the defendant needed only to make a demand for production to invoke the government's obligation to examine files.

Summary of this case from U.S. v. Lujan

discussing the procedure the prosecution must follow when a defendant requests the personnel files of testifying officers

Summary of this case from U.S. v. Lantry

In United States v. Henthorn, 931 F.2d 29, 30-31 (9th Cir. 1991), the Ninth Circuit held that the government has a duty to examine the personnel files of law enforcement officers it intends to call as witnesses upon a request by a defendant for production of such files, and to turn over to the defense any material in those files that is favorable to the defense.

Summary of this case from United States v. Lacy

In United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991), cert. denied, ___ U.S. ___, 112 S.Ct. 1588, 118 L.Ed.2d 306 (1992), the Ninth Circuit rejected the approach which requires a defendant, in the first instance, to make a showing of materiality with regard to the information contained in the files.

Summary of this case from U.S. v. Bertoli

In Henthorn, the court held that, upon the request of a defendant, and regardless of any showing of materiality, the prosecution must examine the personnel files of testifying officers or turn them over to the court for in camera review to determine whether they contain Brady material.

Summary of this case from People v. Mateo

In Henthorn, the Ninth Circuit held that "the government has a duty to examine personnel files upon a defendant's request for their production," and the "government must ‘disclose information favorable to the defense that meets the appropriate standard of materiality.’ "

Summary of this case from Stacy v. State

In United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991), the court of appeals recited "the procedure the prosecution must follow when confronted with a request by a defendant for the personnel files of testifying officers."

Summary of this case from State v. Tran

In Henthorn, the Ninth Circuit Court of Appeals held that when a defendant makes a request for the personnel files of a testifying officer, the prosecution has a duty to examine those files to determine if they contain any Brady material and that the defendant has no burden to make an initial showing of materiality.

Summary of this case from State v. Robles
Case details for

U.S. v. Henthorn

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. DONALD GENE HENTHORN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 1991

Citations

931 F.2d 29 (9th Cir. 1991)

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