By Daniel Cady Davidson
New York State Bar Association Journal
August 16, 2023
For the trial attorney, familiarity with prosecution witnesses’ statements is fundamental to effective trial preparation. A recent federal health care fraud case in Texas (U.S. v. Swiencinski) underscores just how critical it is for defense counsel to vigorously pursue discovery of witness statements – not just those formalized in memoranda written by government agents, but also those contained in the rough notes taken by agents and prosecutors while investigating and preparing for trial. Those notes may provide effective impeachment material and, as Swiencinski shows, may even offer grounds to upend the government’s case.
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